Item - 2021.PA22.11
Tracking Status
- This item was considered by Toronto Parking Authority on April 6, 2021 and was adopted with amendments.
PA22.11 - Litigation Update Regarding Option to Purchase Retail Component of Development at 935 Eglinton Avenue West (Municipal Car Park 655)
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 12 - Toronto - St. Paul's
Confidential Attachment - Litigation involving Toronto Parking Authority and advice that is subject to solicitor-client privilege
Board Decision
The Board of Directors of Toronto Parking Authority:
1. Adopted the confidential instructions to staff in Confidential Attachment 1 to the report (March 19, 2021) from the President, Toronto Parking Authority, as amended by the Board in closed session.
2. Authorized the public release of the confidential instructions to staff contained in Confidential Attachment 1 to the report (March 19, 2021) from the President, Toronto Parking Authority, as amended, at the discretion of the City Solicitor.
3. Directed that the balance of the confidential information contained in Confidential Attachment 1 to the report (March 19, 2021) from the President, Toronto Parking Authority remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.
Decision Advice and Other Information
The Board of Directors of Toronto Parking Authority recessed its public meeting to meet in closed session to consider this item as it pertains to litigation involving Toronto Parking Authority and advice that is subject to solicitor-client privilege.
Origin
Summary
This is a report on the status of the legal action commenced by Toronto Parking Authority on January 17, 2019 against BSaR (Eglinton) Ltd. and BSaR (Eglinton) LP (both together referred to as BSaR), and BSaR's principals, Tarek Sobhi, and Tyler Hershberg. In the legal action, Toronto Parking Authority is claiming damages in the amount of $7.0 million for breach of contract related to an option held by Toronto Parking Authority to purchase the retail unit (Retail Component) of a joint venture development at 935 Eglinton Avenue West (the Property).
Background Information
https://www.toronto.ca/legdocs/mmis/2021/pa/bgrd/backgroundfile-165066.pdf
Confidential Attachment 1 - Litigation Update Regarding Option to Purchase Retail Component of Development at 935 Eglington Avenue West (Municipal Car Park 655)
Motions
That the Board of Directors of Toronto Parking Authority:
1. Adopt the confidential instructions to staff in Confidential Attachment 1, as amended by the Board in closed session.
2. The Board of Directors of Toronto Parking Authority authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1,as amended, at the discretion of the City Solicitor.
3. The Board of Directors of Toronto Parking Authority direct that the balance of the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
Vote (Adopt Item as Amended) Apr-06-2021
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 4 | Members that voted Yes are Brad Bradford, Maureen Farrow, Jeffrey Steiner, Namby Vithiananthan (Chair) |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 2 | Members that were absent are Mike Layton, Hartley Lefton (Interest Declared) |
Declared Interests
Hartley Lefton - as members of the law firm of which he is a partner are counsel to the defendant in unrelated matters.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=9715