Item - 2023.PA5.11

Tracking Status

This item was considered by Toronto Parking Authority on July 18, 2023 and was adopted without amendment.

PA5.11 - Litigation Update Regarding Option to Purchase Retail Component of Development at 935 Eglinton Avenue West (Municipal Car Park 655)

Decision Type:: ACTION

Status:: Adopted

Ward:: 12 - Toronto - St. Paul's

Confidential Attachment - Pertains to litigation involving Toronto Parking Authority and contains advice that is subject to solicitor-client privilege

Board Decision

The Board of Directors of the Toronto Parking Authority:

1. Adopted the confidential instructions to staff in Confidential Attachment 1 to the report (June 29, 2023) from the President, Toronto Parking Authority and the City Solicitor.

2. Directed that Confidential Attachment 1 to the report (June 29, 2023) from the President, Toronto Parking Authority and the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.

Origin

(June 29, 2023) Report from the President, Toronto Parking Authority and the City Solicitor

Summary

This is a report on the status of the legal action commenced by Toronto Parking Authority on January 17, 2019 against BSaR (Eglinton) Ltd. and BSaR (Eglinton) LP (both together referred to as BSaR), and BSaR's principals, Tarek Sobhi, and Tyler Hershberg (the Action). In the Action, Toronto Parking Authority is claiming damages in the amount of $7.0 million for breach of contract related to an option held by Toronto Parking Authority to purchase the retail unit (Retail Component) of a joint venture development at 935 Eglinton Avenue West (the Property).

Background Information

(June 29, 2023) Report from the President, Toronto Parking Authority and City Solicitor on Litigation Update Regarding Option to Purchase Retail Component of Development at 935 Eglinton Avenue West (Municipal Car Park 655)
https://www.toronto.ca/legdocs/mmis/2023/pa/bgrd/backgroundfile-238152.pdf
Confidential Attachment 1 - Litigation Update Regarding Option to Purchase Retail Component of Development at 935 Eglington Avenue West (Municipal Car Park 655)

Motions

Motion to Adopt Item moved by Maureen Farrow (Carried)

Declared Interests

The following member(s) declared an interest:

Hartley Lefton - Members of the law firm of which I am a partner are counsel to the defendant in unrelated matters.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=11598