Item - 2023.CC3.11

Tracking Status

  • City Council adopted this item on February 7, 2023 without amendments.

CC3.11 - Ontario Land Tribunal Appeal of Official Plan Amendment 231 - 51 Manstor Road - Request for Directions

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on February 7 and 8, 2023, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and all of Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

 

1. City Council accept the offer to settle site-specific appeal to Appeal Number 27 [PL140860] (with respect to 51 Manstor Road) to Official Plan Amendment 231 dated January 23 2023, set out in Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor, and City Council direct the City Solicitor and other staff to attend at the Ontario Land Tribunal in support of the proposed settlement, subject to Part 4 below.

 

2. City Council authorize the City Solicitor to request that the Ontario Land Tribunal modify and partially approve Official Plan Amendment 231, substantially in accordance with Confidential Attachment 2 to the report (January 26, 2023) from the City, subject to Part 4 below.

 

3. City Council authorize the City Solicitor to request that Appeal Number 27 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, subject to Part 4 below.

 

4. City Council authorize the City Solicitor to take the necessary action to avoid inconsistent decisions by the Ontario Land Tribunal in respect of Appeal 27 of Official Plan Amendment 231, and any decision by the Minister of Municipal Affairs and Housing on the Appellant's employment area conversion request number 63, including, if necessary, requesting that the Ontario Land Tribunal adjourn the hearing of Appeal Number 27.

 

5. City Council authorize the City Solicitor to take the necessary action to give effect to City Council's decision.

 

Confidential Attachment 2 to the report (January 26, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (January 26, 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 and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (January 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

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)

(January 26, 2023) Report from the City Solicitor on Ontario Land Tribunal Appeal of Official Plan Amendment 231 - 51 Manstor Road - Request for Directions (CC3.11)
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-234096.pdf
Confidential Attachment 1 - Confidential Instructions to Staff and Confidential Advice Subject to Solicitor-Client Privilege
Confidential Attachment 2 - Confidential Information - made public on February 27, 2023
https://www.toronto.ca/legdocs/mmis/2023/cc/bgrd/backgroundfile-234098.pdf
Source: Toronto City Clerk at www.toronto.ca/council