Item - 2023.CC13.20

Tracking Status

  • City Council adopted this item on December 13, 2023 without amendments and without debate.

CC13.20 - Ontario Land Tribunal Appeal of Official Plan Amendment 231 - Lands Bound by King Street West, Dufferin Street, Lakeshore Rail Corridor and Hanna Avenue - Request for Directions

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on December 13, 14 and 15, 2023, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 4, 2023) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 4, 2023) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 4, 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.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (December 4, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

                   

1. City Council accept the with prejudice offers to settle Appeal 32 to Official Plan Amendment 231 dated November 21, 2023, and Appeal 49 to Official Plan Amendment 231 dated December 1, 2023 set out in Public Attachments A and B to the report (December 4, 2023) from the City Solicitor, respectively, and City Council direct the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal in support of the settlement.

 

2. City Council authorize the City Solicitor to request the Ontario Land Tribunal to modify and partially approve Official Plan Amendment 231, substantially in accordance with the Revised Site and Area Specific Policy attached as Public Attachments A and B the report (December 4, 2023) from the City Solicitor.

 

3. City Council authorize the City Solicitor to request that Appeal 32 and Appeal 49 of Official Plan Amendment 231 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 231.

 

4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

 

The balance of Confidential Attachment 1 to the report (December 4, 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. The balance of Confidential Attachment 1 to the report (December 4, 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)

(December 4, 2023) Report from the City Solicitor on Ontario Land Tribunal Appeal of Official Plan Amendment 231 - Lands Bound by King Street West, Dufferin Street, Lakeshore Rail Corridor and Hanna Avenue - Request for Directions (CC13.20)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-241348.pdf
Public Attachment A - Letter from Goodmans LLP dated November 21 2023 containing With Prejudice Settlement Offer, including Revised SASP
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-241349.pdf
Public Attachment B - Correspondence from McCarthy Tetrault dated December 1, 2023 containing With Prejudice Settlement Offer, including Revised SASP
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-241350.pdf
Confidential Attachment 1 - Confidential Information
Source: Toronto City Clerk at www.toronto.ca/council