Item - 2013.CC32.5

Tracking Status

  • City Council adopted this item on April 3, 2013 with amendments.

CC32.5 - Challenge of Site Specific Zoning By-law 514-2003 by the Owners and Proprietors of 1100 The Queensway - Decision of the Ontario Superior Court of Justice

Decision Type:
ACTION
Status:
Amended
Ward:
5 - Etobicoke-Lakeshore

City Council Decision

City Council on April 3 and 4, 2013, adopted the following:

 

1.         City Council adopt the Confidential Recommendations, as amended, set out in Confidential Attachment 2 to the report (March 22, 2013) from the City Solicitor.

 

2.         City Council direct that the Confidential Recommendations, as amended, be made public at the conclusion of the meeting with the balance of the Confidential Attachment 2 to the report (March 22, 2013) from the City Solicitor to remain confidential as it contains advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation.

 

The following Confidential Recommendations, as amended, to the report (March 22, 2013) from the City Solicitor were adopted by City Council and are now public: 

 

1.         The City not pursue an appeal of the Ontario Superior Court's decision, released on February 28, 2013, in the matter of 2312460 Ontario Ltd. and 748485 Ontario Ltd. v. City of Toronto, and that it formally abandon its appeal.

 

2.         The City abandon its counter-application in the matter of City of Toronto v. 2312460 Ontario Ltd. and 748485 Ontario Ltd.

 

3.         The Chief Planner and Executive Director of City Planning review the decision in the matter of 2312460 Ontario Ltd. and 748485 Ontario Ltd. v. City of Toronto and site specific zoning by-law 514-2003 and report back to City Council through the May 14, 2013 meeting of the Etobicoke York Community Council on whether the site specific by-law 514-2003 should be amended.

 

4.         The appropriate City officials be authorized and directed to take the necessary action to give effect to Council's decision.

 

The balance of Confidential Attachment 2 to the report (March 22, 2013) from the City Solicitor, remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies, boards and commissions and advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

(March 22, 2013) Report from the City Solicitor on the Challenge of Site Specific Zoning By-law 514-2003 by the Owners and Proprietors of 1100 The Queensway - Decision of the Ontario Superior Court of Justice (CC32.5)
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-57131.pdf
Attachment 1 - Decision of the Ontario Superior Court of Justice, released on February 28, 2013
https://www.toronto.ca/legdocs/mmis/2013/cc/bgrd/backgroundfile-57132.pdf
Confidential Attachment 2

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Peter Milczyn (Carried)

That City Council amend the confidential instructions to staff as contained in the confidential attachment to this motion. 

Vote (Amend Item) Apr-04-2013 10:01 AM

Result: Carried Majority Required - CC32.5 - Milczyn - motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Chin Lee, Giorgio Mammoliti, James Pasternak, Anthony Perruzza

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-04-2013 10:02 AM

Result: Carried Majority Required - CC32.5 - Adopt the item as amended
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 11 Members that were absent are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Chin Lee, Giorgio Mammoliti, James Pasternak, Anthony Perruzza
Source: Toronto City Clerk at www.toronto.ca/council