Item - 2020.PA16.2

Tracking Status

PA16.2 - Supplementary Transaction Update on City-Owned 50 Cumberland Street/37 Yorkville Avenue (Municipal Car Park 15)

Decision Type:
ACTION
Status:
Adopted
Ward:
11 - University - Rosedale

Confidential Attachment - Potential litigation involving Toronto Parking Authority and the City of Toronto and advice that is subject to solicitor-client privilege.

Board Decision

The Board of Directors of Toronto Parking Authority:

 

1.  Directed that the information contained in Confidential Attachment 1 to the report (July 8, 2020) from the City Solicitor remain confidential in its entirety at the discretion of the City Solicitor, as it pertains to potential litigation involving Toronto Parking Authority and the City of Toronto and contains advice that is subject to solicitor-client privilege.

Origin

(July 8, 2020) Report from the City Solicitor

Summary

This report is to provide the Board of Directors of Toronto Parking Authority with further information and updates regarding the insolvency proceeding commenced by the construction lenders bcIMC Construction Fund Corporation ("bcIMC") and Otera Capital Inc. ("Otera") against the owners of the property municipally known as 50 Cumberland Street/37 Yorkville Avenue (the "Property"), namely, 33 Yorkville Residences Inc. and 33 Yorkville Residences Limited Partnerships (the "33 Yorkville Cresford Subsidiaries").

 

Information about this insolvency proceeding was first provided in a joint report from the Acting President, Toronto Parking Authority, and the City Solicitor entitled "Transaction Update on City-Owned 50 Cumberland Street/37 Yorkville Avenue (Municipal Car Park 15)" dated March 13, 2020 (Item PA14.4, the "First Report") and in a verbal update to the Board at its May 15, 2020 special meeting.

 

The insolvency proceeding has continued since those dates.

 

Confidential Attachment 1 contains information pertaining to potential litigation involving Toronto Parking Authority and the City of Toronto and contains advice that is subject to solicitor-client privilege.

Background Information

(July 8, 2020) Report from the City Solicitor on Supplementary Transaction Update on City-Owned 50 Cumberland Street/37 Yorkville Avenue (Municipal Car Park 15)
https://www.toronto.ca/legdocs/mmis/2020/pa/bgrd/backgroundfile-149934.pdf
Confidential Attachment 1 - Supplementary Transaction Update - 50 Cumberland/37 Yorkville

Motions

Motion to Adopt Item moved by Jeffrey Steiner (Carried)

Vote (Adopt Item) Jul-24-2020

Result: Carried Majority Required
Total members that voted Yes: 6 Members that voted Yes are Brad Bradford, Maureen Farrow, Cynthia Lai, Allison Mendes, Jeffrey Steiner, Namby Vithiananthan
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Hartley Lefton (Chair)

Declared Interests

The following member(s) declared an interest:

Hartley Lefton - because members of the law firm of which he is a partner are counsel to the receiver in this matter.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=9275
Source: Toronto City Clerk at www.toronto.ca/council