Item - 2021.CC35.16

Tracking Status

  • City Council adopted this item on July 14, 2021 with amendments.

CC35.16 - 2 Champagne Drive and 1107 Finch Avenue West - Official Plan Amendment 231 Appeal to Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) - Request for Direction

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 14, 15 and 16, 2021, adopted the following:

 

1. City Council adopt the confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak.

 

2. City Council direct that Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remain confidential, as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice that is subject to solicitor-client privilege.

 

3. City Council authorize the public release of the confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak and Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor.

 

The confidential instructions to staff in the confidential attachment to motion 1 by Councillor James Pasternak were adopted by City Council and are now public as follows:

 

1. City Council accept the June 22, 2021 without prejudice settlement offer from Champagne Centre Ltd. set out in Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor and City Council instruct the City Solicitor to attend the Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) in support of such settlement.

 

Confidential Attachment 1 to the report (July 5, 2021) from City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and it contains advice that is subject to solicitor client privilege.

 

Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor is now public and can be accessed under Background Information (City Council).

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on July 16, 2021 to consider confidential information on this Item as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations and advice subject to solicitor client privilege.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice subject to solicitor client privilege.

Background Information (City Council)

(July 5, 2021) Report from the City Solicitor on 2 Champagne Drive and 1107 Finch Avenue West - Official Plan Amendment 231 Appeal to Ontario Land Tribunal -(formerly Local Planning Appeal Tribunal) - Request for Direction (CC35.16)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169006.pdf
Confidential Attachment 1
Confidential Attachment 2 - made public on July 26, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-169010.pdf
(July 7, 2021) Revised confidential communication from Dr. Lew Pliamm, Medical Director, Champagne Centre Ltd.
(July 14, 2021) Confidential communication from Karyn Popovich, President and Chief Executive Officer, North York General Hospital
Confidential Attachment to motion by Councillor James Pasternak
Confidential Attachment to motion by Councillor Shelley Carroll

Motions (City Council)

Report of Committee of the Whole

July 16, 2021 at 12:08 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item CC35.21 headed "2 Champagne Drive and 1107 Finch Avenue West - Official Plan Amendment 231 Appeal to Ontario Land Tribunal (formerly Local Planning Appeal Tribunal) - Request for Direction".  No motions were placed in the closed session.  City Council would now proceed with the public debate on the Item.


1 - Motion to Adopt Item as Amended moved by Councillor James Pasternak (Carried)

That:

 

1. City Council delete the recommendations in the report (July 5, 2021) from the City Solicitor and adopt instead the confidential instructions to staff in the confidential attachment to this motion.

 

2. City Council direct that Confidential Attachment 1 to the report (July 5, 2021) from the City Solicitor remain confidential, as it relates to litigation or potential litigation that affects the City or one of its agencies or corporations and contains advice that is subject to solicitor-client privilege.

 

3. City Council authorize the public release of the confidential instructions to staff in the confidential attachment to this motion and Confidential Attachment 2 to the report (July 5, 2021) from the City Solicitor.

Vote (Adopt Item as Amended) Jul-16-2021 12:50 PM

Result: Carried Majority Required - CC35.16 - Pasternak - motion 1 - Adopt the Item as amended
Total members that voted Yes: 16 Members that voted Yes are Paul Ainslie, Ana Bail„o, Mike Colle, Gary Crawford, Michael Ford, Mark Grimes, Cynthia Lai, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 5 Members that voted No are Shelley Carroll (Chair), John Filion, Stephen Holyday, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 5 Members that were absent are Brad Bradford, Joe Cressy, Paula Fletcher, Mike Layton, Frances Nunziata

2 - Motion to Amend Motion moved by Councillor Shelley Carroll (Lost)

That City Council amend the confidential instructions attached to motion 1 by Councillor Pasternak in accordance with the confidential instructions to staff in the confidential attachment to this motion and City Council authorize the public release of the amended instructions.

Vote (Amend Motion) Jul-16-2021 12:48 PM

Result: Lost Majority Required - CC35.16 - Carroll - motion 2
Total members that voted Yes: 6 Members that voted Yes are Shelley Carroll (Chair), John Filion, Paula Fletcher, Stephen Holyday, Gord Perks, Kristyn Wong-Tam
Total members that voted No: 16 Members that voted No are Paul Ainslie, Ana Bail„o, Mike Colle, Gary Crawford, Michael Ford, Mark Grimes, Cynthia Lai, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that were Absent: 4 Members that were absent are Brad Bradford, Joe Cressy, Mike Layton, Frances Nunziata

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Frances Nunziata - in that her brother is involved in that application.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=10036
Source: Toronto City Clerk at www.toronto.ca/council