Item - 2023.CC12.14
Tracking Status
- City Council adopted this item on November 8, 2023 with amendments.
CC12.14 - Response to MM11.39 - Protecting the Process for Tree Removal at Ontario Place
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 10 - Spadina - Fort York
City Council Decision
City Council on November 8 and 9, 2023, adopted the following:
1. City Council request the City Solicitor to report to City Council on the possibility of intervening in the Province's Impact Assessment Act applications in Federal Court, and authorise the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to take any necessary steps to preserve the City's rights in these proceedings.
2. City Council authorize the City Solicitor to take any necessary steps in the City Solicitor's discretion and as appropriate to protect the City’s interests if made aware of a third-party legal action regarding tree removal at Ontario Place.
3. City Council direct that Confidential Attachment 1 to the supplementary report (November 6, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.
Confidential Attachment 1 to the supplementary report (November 6, 2023) from the City Solicitor remains confidential at this time 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 1 to the supplementary report (November 6, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.
Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-240467.pdf
Attachment 3 - Correspondence from the Ministry of Infrastructure to City Staff Regarding Tree Removals at Ontario Place
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-240468.pdf
(November 6, 2023) Supplementary Report from the City Solicitor on Response to MM11.39 - Protecting the Process for Tree Removal at Ontario Place (CC12.14a)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-240559.pdf
Confidential Attachment 1 - Confidential Information
Motions (City Council)
That:
1. City Council request the City Solicitor to report to City Council on the possibility of intervening in the Province's Impact Assessment Act applications in Federal Court, and authorise the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to take any necessary steps to preserve the City's rights in these proceedings.
2. City Council authorise the City Solicitor to take any necessary steps in her discretion and as appropriate to protect the City’s interests if made aware of a third-party legal action regarding tree removal at Ontario Place.
Vote (Amend Item) Nov-09-2023 6:22 PM
| Result: Carried | Majority Required - CC12.14 - Malik - motion 1a |
|---|---|
| Total members that voted Yes: 20 | Members that voted Yes are Paul Ainslie, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Paula Fletcher, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe |
| Total members that voted No: 1 | Members that voted No are Stephen Holyday |
| Total members that were Absent: 4 | Members that were absent are Brad Bradford, Vincent Crisanti, Jaye Robinson, Michael Thompson |
That City Council adopt the recommendations in the supplementary report (November 6, 2023) from the City Solicitor [CC12.14a]:
1. City Council receive this report and Confidential Attachment 1 to the report (November 6, 2023) from the City Solicitor for information.
2. City Council direct that all information contained in Confidential Attachment 1 to the report (November 6, 2023) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice or communications that are subject to solicitor-client privilege.