Item - 2022.DM47.1

Tracking Status

  • City Council adopted this item on July 19, 2022 with amendments.

DM47.1 - Ontario Land Tribunal Appeal of Official Plan Amendment 231 - 87 Ethel Avenue - Request for Directions

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

 

1. City Council adopt the confidential instructions to staff attached to motion 1 by Councillor Frances Nunziata.

 

2. City Council direct that Confidential Attachment 1 to the report (June 6, 2022) from the City Solicitor remain confidential.

 

3. City Council direct that the confidential instructions to staff attached to motion 1 by Councillor Frances Nunziata and Confidential Attachment 2 to the report (June 6, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor. 

 

Confidential Attachment 1 to the report (June 6, 2022) 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

 

The confidential instructions to staff attached to motion 1 by Councillor Frances Nunziata and Confidential Attachment 2 to the report (June 6, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.  The confidential instructions to staff attached to motion 1 by Councillor Frances Nunziata and Confidential Attachment 2 to the report (June 6, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

October 12, 2022

 

The confidential instructions to staff attached to motion 1 by Councillor Frances Nunziata were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

 

1. City Council accept the April 27, 2022 without prejudice settlement offer from 87 Ethel Avenue Holdings Ltd. to settle site specific Appeal 143 (regarding 87 Ethel Avenue) to Official Plan Amendment 231 as set out in Confidential Attachment 2 to the report (June 6, 2022) from the City Solicitor.

 

2. City Council instruct the City Solicitor to enter into a settlement agreement with the owner of 87 Ethel Avenue on such terms as the City Solicitor may consider appropriate.

 

3. City Council instruct the City Solicitor, in collaboration with the Appellant, bring a motion to the Ontario Land Tribunal to the next available opportunity to support the redesignation of 87 Ethel Avenue as Mixed Use Areas.

 

4. City Council instruct the City Solicitor to report to City Council confirming the outcome and status of the settlement hearing before the Ontario Land Tribunal by no later than the first quarter of 2023.

 

Confidential Attachment 2 to the report (June 6, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council).

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

Background Information (City Council)

(June 6, 2022) Report from the City Solicitor on Ontario Land Tribunal Appeal of Official Plan Amendment 231 - 87 Ethel Avenue - Request for Directions (DM47.1)
https://www.toronto.ca/legdocs/mmis/2022/dm/bgrd/backgroundfile-228849.pdf
Confidential Attachment 1 - Confidential Instructions to Staff and Confidential Advice Subject to Solicitor-Client Privilege
Confidential Attachment 2 - Confidential Information - made public on October 12, 2022
https://www.toronto.ca/legdocs/mmis/2022/dm/bgrd/backgroundfile-228851.pdf
Confidential attachment to motion 1 by Councillor Frances Nunziata

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Frances Nunziata (Carried)

That City Council delete the recommendations in this Item and adopt instead the following:

 

1. City Council adopt the confidential instructions to staff attached to this motion.

 

2. City Council direct that Confidential Attachment 1 to the report (June 6, 2022) from the City Solicitor remain confidential.

 

3. City Council direct that the confidential instructions to staff attached to this motion and Confidential Attachment 2 to the report (June 6, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor. 

Vote (Adopt Item as Amended) Jul-20-2022 4:05 PM

Result: Carried Majority Required - DM47.1 - Nunziata - Adopt the Item as amended
Total members that voted Yes: 20 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Robin Buxton Potts, Shelley Carroll, Mike Colle, Gary Crawford, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Josh Matlow, Jennifer McKelvie, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Michael Thompson, John Tory
Total members that voted No: 1 Members that voted No are Stephen Holyday
Total members that were Absent: 4 Members that were absent are Mike Layton, Nick Mantas, Anthony Perruzza, Jaye Robinson
Source: Toronto City Clerk at www.toronto.ca/council