Item - 2018.CC36.4
Tracking Status
- City Council adopted this item on January 31, 2018 without amendments.
CC36.4 - Development Charges By-law - Ontario Municipal Board Appeal and Section 20 Complaint by KH College Street Inc. - 245 to 255 College Street and 39 and 40 Glasgow Street
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 20 - Trinity-Spadina
City Council Decision
City Council on January 31 and February 1, 2018, adopted the following:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 18, 2018) from the City Solicitor.
2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 18, 2018) from the City Solicitor.
3. City Council direct that the balance of Confidential Attachment 1 to the report (January 18, 2018) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.
The confidential instructions to staff in Confidential Attachment 1 to the report (January 18, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:
1. City Council authorize the City Solicitor to settle the Section 20 complaint filed by KH College Street Inc. pursuant to the Development Charges Act, dated April 8, 2015, and the subsequent appeal to the Ontario Municipal Board, on the following basis:
a. the Interim Chief Financial Officer issue a refund of development charges paid in the amount of $1,500,000.00, in full satisfaction of all development charge claims, with interest to be paid in accordance with Section 25 of the Development Charges Act calculated from the date of payment (January 30, 2015) to the date the refund is paid to the owner; and
b. the Complainant execute and provide a Release in a form satisfactory to the City Solicitor releasing all claims in respect of development charges paid arising from the development of the subject site, and submit a letter withdrawing its appeal to the Ontario Municipal Board in respect of such complaint.
2. City Council authorize the City Solicitor and the Interim Chief Financial Officer to execute such other documents as necessary to give effect to this settlement.
The balance of Confidential Attachment 1 to the report (January 18, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and it pertains to litigation or potential litigation.
Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice or communications that are subject to solicitor-client privilege
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-111758.pdf
Confidential Attachment 1
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2018/cc/comm/communicationfile-78419.pdf
Motions (City Council)
Vote (Adopt Item) Feb-01-2018 2:09 PM
| Result: Carried | Majority Required - CC36.4 - Adopt the item |
|---|---|
| Total members that voted Yes: 34 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Shelley Carroll, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Jim Hart, Michelle Holland, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Neethan Shan, Michael Thompson, Lucy Troisi, 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 Ana Bailão, Christin Carmichael Greb, Josh Colle, Frank Di Giorgio, Giorgio Mammoliti, Mary-Margaret McMahon, Cesar Palacio, Anthony Perruzza, Jaye Robinson, David Shiner, John Tory |