Item - 2022.DM39.1

Tracking Status

DM39.1 - Assumption of Services, University Square (Hucknall) Limited, Plan 66M-2493, Subdivision File: 04 138822 NNY 08 SB, 102-134 Hucknall Road - Litigation

Decision Type:
ACTION
Status:
Adopted
Ward:
7 - Humber River - Black Creek

City Council Decision

City Council on February 2 and 3, 2022, adopted the following: 

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services.

 

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, at the discretion of the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services 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 (December 6, 2021) from the City Solicitor were adopted by City Council.  The following confidential instruction to staff has been made public, the City Solicitor having exercised the City Solicitor's discretion to make it public, as follows:

 

2.  As part of the settlement, City Council assume the municipal road and services, in accordance with the terms of the Subdivision Agreement for Plan 66M-2493, registered on December 1, 2011 between University Square (Hucknall) Limited and the City in the following manner:

 

a.  City Council authorize the City to assume the services installed within Mantello Drive and that the City formally assume the road within the Registered Plan of Subdivision 66M-2493;

 

b.  City Council authorize the Director, Engineering Review to release the performance guarantee held with respect to the municipal services in accordance with the Subdivision Agreement;

 

c.  City Council direct that an assumption By-law be prepared to assume the public highway and municipal services within the Registered Subdivision Plan 66M-2493;

 

d.  City Council authorize and direct the City Solicitor to register the assumption By-law in the Land Registry Office, at the expense of the Owner;

 

e.  City Council authorize the appropriate City Officials to take the necessary action to give effect to City Council's decision; and

 

f.  City Council authorize the appropriate City Officials to transfer ownership of the street lighting system constructed with Registered Plan of Subdivision 66M-2493 to Toronto Hydro.

  

The balance of Confidential Attachment 1 to the report (December 6, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services 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. 

Confidential Attachment - Litigation or potential litigation that affects the City of Toronto and advice or communications that are subject to solicitor-client privilege.

Background Information (City Council)

(December 6, 2021) Report from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services on Assumption of Services, University Square (Hucknall) Limited, Plan 66M-2493, Subdivision File: 04 138822 NNY 08 SB, 102-134 Hucknall Road - Litigation (DM39.1)
https://www.toronto.ca/legdocs/mmis/2022/dm/bgrd/backgroundfile-175440.pdf
Public Attachment 1 - Map of Plan of Subdivision 66M-2493
https://www.toronto.ca/legdocs/mmis/2022/dm/bgrd/backgroundfile-175442.pdf
Confidential Attachment 1

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Feb-02-2022 5:41 PM

Result: Carried Majority Required - DM39.1 - Adopt the Item
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Mike Colle, Anthony Perruzza
Total members that were Absent: 1 Members that were absent are John Tory
Source: Toronto City Clerk at www.toronto.ca/council