Item - 2016.CC21.7

Tracking Status

  • City Council adopted this item on October 5, 2016 without amendments.

CC21.7 - 75 Canterbury Place - Ontario Municipal Board Hearing - Request for Direction

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

City Council Decision

City Council on October 5, 6 and 7, 2016, adopted the following:

 

1. City Council adopt the Confidential Recommendations contained in Confidential Attachment 1 to the report (October 4, 2016) from the Interim City Solicitor.

 

2. City Council direct that the Confidential Recommendations contained in Confidential Attachment 1 to the report (October 4, 2016) from the Interim City Solicitor be made public and City Council direct that all other information contained in Confidential Attachment 1 to the report (October 4, 2016) from the Interim City Solicitor remain confidential at the discretion of the City Solicitor.

 

The following confidential recommendations contained in Confidential Attachment 1 to the report (October 4, 2016) from the Interim City Solicitor were adopted by City Council and are now public:

 

1. City Council reject the with prejudice settlement offer (the "Offer") as set out in Appendix "A" to the public portion of the report (October 4, 2016) from the Interim City Solicitor.

 

2. City Council authorize the Interim City Solicitor to settle this matter if the following terms are agreed to by the applicant:

 

a. that the applicant agrees to make a monetary contribution, pursuant to Section 37 of the Planning Act, in accordance with the requirements of the North York Centre Secondary plan, for the additional density of 3,834 square metres, in the amount of $735.48/square metre ($70/square foot), to be paid prior to the first above grade building permit, indexed upwardly by the Toronto Real Estate Board Market Watch ("TREB") index, from the date the ZBA comes into force to the date of payment; and

 

b. that prior to the issuance of the first above grade building permit, the Owner shall make an off-site parkland dedication contribution, to the satisfaction of the General Manager, Parks, Forestry and Recreation to be provided in the form of a certified cheque, the first 50 percent of which shall go to the City's Parkland Acquisition Reserve Fund Account XR2210, which funds shall be used to repay a portion of the funds used for the expropriation of 63 Princess Avenue; the balance of which shall be used for acquiring parkland or improving existing parks in the vicinity of the development, and that Chapter 415, Development of Land of the Toronto Municipal Code, be amended, as may be required.

 

3. City Council authorize the Interim City Solicitor and appropriate City Staff to enter into minutes of settlement and attend at the Ontario Municipal Board hearing into this matter in support of the settlement discussed in Part 2 above, if such a settlement is reached.

 

4. If no settlement can be reached, City Council authorize the Interim City Solicitor and appropriate City Staff to attend at the Ontario Municipal Board in opposition to the Section 42 and Section 37 contributions proposed in this appeal and to hire outside consultants, as necessary.

 

The balance of Confidential Attachment 1 to the report (October 4, 2016) from the Interim City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communication that is subject to solicitor-client privilege and it contains information regarding litigation. The balance of Confidential Attachment 1 to the report (October 4, 2016) from the Interim City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege and information regarding potential litigation

Background Information (City Council)

(October 4, 2016) Report from the Interim City Solicitor on 75 Canterbury Place - Request for directions regarding Ontario Municipal Board Hearing (CC21.7)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-97086.pdf
Appendix A - Letter from John A. R. Dawson, McCarthy Tetrault LLP
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-97097.pdf
(September 28, 2016) Report from the Interim City Solicitor on 75 Canterbury Place - Ontario Municipal Board Hearing - Request for Direction - Notice of Pending Report (CC21.7)
https://www.toronto.ca/legdocs/mmis/2016/cc/bgrd/backgroundfile-96913.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Oct-06-2016 2:17 PM

Result: Carried Majority Required - CC21.7 - Adopt the item
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are Shelley Carroll, Josh Colle, Vincent Crisanti, Ron Moeser, David Shiner, John Tory
Source: Toronto City Clerk at www.toronto.ca/council