Item - 2022.PH32.5

The Planning and Housing Committee:

1. Referred the item to the City Solicitor and the Chief Planner and Executive Director, City Planning to report back to the May 31, 2022 meeting of Planning and Housing Committee with further examination and offer advice on any policy, regulation or legislative changes which would improve the process in terms of Council's desire to consult with the public and Council's authority to manage the development review process.

Planning and Housing Committee requested that the City Solicitor report on the negotiation process for development applications which have been appealed to the Ontario Land Tribunal ("OLT").  This report provides that information, and an analysis of the obligation on City Staff and City Council to maintain confidentiality in the negotiation process once litigation has begun.

Mediation is an important part of the Ontario Land Tribunal process, and often provides the City an opportunity to resolve disputes to the satisfaction and advantage of the City without recourse to a full contested hearing.  There is little downside in participating in mediation, given the potential for resolution and the fact that if no consensus is reached, there is no prejudice to the City in having tried to resolve the matter, as whatever is communicated in mediation cannot be used against a party at a hearing.

There are opportunities for public participation in Ontario Land Tribunal mediation, which interested members of the public can, and should be encouraged to, avail themselves of.