Item - 2015.CC7.2

Tracking Status

  • City Council adopted this item on June 10, 2015 without amendments.

CC7.2 - Development Charges By-law Ontario Municipal Board Appeals

Decision Type:
ACTION
Status:
Adopted
Ward:
35 - Scarborough Southwest

City Council Decision

City Council on June 10, 11 and 12, 2015, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 2, 2015) from the City Solicitor.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (June 2, 2015) from the City Solicitor and City Council direct that the remainder of Confidential Attachment 1 to the report (June 2, 2015) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege and information regarding pending litigation before the Ontario Municipal Board.

 

The following confidential instructions to staff in Confidential Attachment 1 to the report (June 2, 2015) from the City Solicitor were adopted by City Council and are now public:

 

1.  City Council authorize the City Solicitor to settle the appeals filed by St. Clair Birch Properties Inc. and Tapscott Birch Properties Inc., in respect of properties known municipally as 3560 St. Clair Avenue East and 165 Tapscott Road respectively, by issuing a refund in the amount of $75,000.00  in exchange for the withdrawal of both Ontario Municipal Board appeals, including all costs, and City Council authorize the City Solicitor and the Deputy City Manager and Chief Financial Officer to take all necessary action to facilitate the withdrawal of both Ontario Municipal Board appeals.

 

The balance of in Confidential Attachment 1 to the report (June 2, 2015) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that are subject to solicitor-client privilege and information regarding pending litigation before the Ontario Municipal Board.

Confidential Attachment - The receiving of advice or communications that are subject to solicitor-client privilege and litigation or potential litigation that affects the City

Background Information (City Council)

(June 2, 2015) Report from the City Solicitor on Development Charges By-law Ontario Municipal Board Appeals (CC7.2)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-81050.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-12-2015 9:44 AM

Result: Carried Majority Required - CC7.2 - Adopt the item
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Norman Kelly, Mike Layton, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 12 Members that were absent are Maria Augimeri, Josh Colle, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, John Filion, Rob Ford, Jim Karygiannis, Chin Lee, Anthony Perruzza, Jaye Robinson, John Tory
Source: Toronto City Clerk at www.toronto.ca/council