Item - 2014.MM52.29

Tracking Status

  • City Council adopted this item on June 10, 2014 without amendments.

MM52.29 - Review of Ontario Municipal Board Hearing for 91 Sheppard Avenue East - by Councillor Maria Augimeri, seconded by Councillor John Parker

Decision Type:
ACTION
Status:
Adopted
Ward:
23 - Willowdale

City Council Decision

City Council on June 10, 11, 12 and 13, 2014, adopted the following:

 

1.         City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (June 9, 2014) from the City Solicitor.

 

2.         City Council authorize the public release of confidential Recommendation 1 in Attachment 1 to the report (June 9, 2014) from the City Solicitor.

 

Confidential Recommendation 1 in Attachment 1 to the report (June 9, 2014) from the City Solicitor is now public:

 

1.         The City Solicitor be authorized to seek leave to appeal to the Divisional Court, the Ontario Municipal Board decision released May 15, 2014 for 91 Sheppard Avenue East and to pursue the appeal if leave is granted.

 

The balance of Confidential Attachment 1 to the report (June 9, 2014) from the City Solicitor remains confidential in its entirely in accordance with the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and litigation and pertains to potential litigation, including matters before administrative tribunals, affecting the municipality or local board.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board

Background Information (City Council)

Member Motion MM52.29
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-70449.pdf
(June 9, 2014) Report from the City Solicitor on Review of Ontario Municipal Board Decision - 91 Sheppard Avenue East
https://www.toronto.ca/legdocs/mmis/2014/mm/bgrd/backgroundfile-70450.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Introduce Motion without Notice moved by Councillor Maria Augimeri (Carried)

That Councillor Maria Augimeri be permitted to add to the agenda of today's meeting an urgent Motion without notice concerning:

 

Review of the Ontario Municipal Board Hearing for 91 Sheppard Avenue East

 

Reason for Urgency:

 

This motion is urgent as there is a strict timetable for a legal appeal of an Ontario Municipal Board Hearing decision to Divisional Court and it is necessary to give instructions to City staff.

Vote (Introduce Motion without Notice) Jun-10-2014 2:41 PM

Result: Carried Two-Thirds full Council Required - Augimeri - Add Urgent Motion
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Shelley Carroll, Raymond Cho, John Filion, Doug Ford, Rob Ford, Peter Milczyn, Michael Thompson

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-11-2014 3:18 PM

Result: Carried Majority Required - MM52.29 - Adopt the item
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Raymond Cho, John Filion, Doug Ford, Rob Ford, Peter Milczyn

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor John Filion - as he is involved in a lawsuit that may or may not involve this property.
Source: Toronto City Clerk at www.toronto.ca/council