Item - 2023.TE6.40

Tracking Status

  • This item was considered by Toronto and East York Community Council on June 22 and 23, 2023. The Toronto and East York Community Council postponed consideration of this item. Consult the text of the decision for further information on the deferral.
  • See also 2023.TE7.29

TE6.40 - 1150 Dovercourt Road - Request for a Fence Exemption

Decision Type:
ACTION
Status:
Deferred
Schedule Type:
Delegated
Ward:
9 - Davenport

Public Notice Given

Community Council Decision

The Toronto and East York Community Council:

 

1. Deferred consideration of the Item until the September 19, 2023 meeting of the Toronto and East York Community Council. 

Origin

(May 30, 2023) Report from the District Manager, Municipal Licensing and Standards, Toronto and East York District

Summary

This staff report concerns a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision. 

 

The purpose of this report is to consider an application submitted by the property owner of 1150 Dovercourt Road for a site-specific Fence Exemption, pursuant to the Toronto Municipal Code, Chapter 447, "Fences", under subsection 447-1.5B.

 

This request is in response to a Fence Notice of Violation, issued by Municipal Licensing and Standards, for a fence that does not comply with the standards set out in subsection 447-1.2(B)(1) – fence height.

 

1150 Dovercourt Road is a residential semi-detached house located in Ward 9.

Background Information

(May 30, 2023) Report and Attachments 1 to 4 from the District Manager, Municipal Licensing and Standards, Toronto and East York District on 1150 Dovercourt Road - Request for a Fence Exemption
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-237174.pdf
Fence Notice
https://www.toronto.ca/legdocs/mmis/2023/te/bgrd/backgroundfile-237332.pdf

Communications

(June 15, 2023) E-mail from Filomena Tavares (TE.Supp)

Speakers

Jason Tam

Motions

1 - Motion to Defer Item moved by Councillor Alejandra Bravo (Carried)

That consideration of the item be deferred until the September 19, 2023 meeting of the Toronto and East York Community Council.


Point of Privilege by Councillor Alejandra Bravo

Councillor Bravo, on a Point of Privilege, stated that she represents both neighbours and requested that the deputant refrain from naming the other person and talking about their behaviour. Councillor Bravo further stated that the deputant should restrict their comments to the merits of the fence as the Toronto and East York Community Council cannot entertain comments about another individual and naming them in their absence.

Ruling by Councillor Gord Perks
Chair Perks accepted the Point of Privilege and stated that the deputant has been cautioned several times. Chair Perks ruled that if the deputant continued to talk about an individual in this way, the Chair would stop their deputation.

Rulings

Ruling by Councillor Gord Perks
Chair Perks stated that the duty of the Toronto and East York Community Council is to consider the merits of the fence and not to make judgements about people's behaviour. Chair Perks further stated that anything said in a meeting of the Toronto and East York Community Council is not privileged. Chair Perks encouraged the deputant not to talk about their neighbour or their neighbour's behaviour, but to speak to the merits of the fence.

Ruling by Councillor Gord Perks
Chair Perks stated that the Toronto and East York Community Council does not have an Item before it respecting the behaviour of the deputant, the behaviour of the deputant's neighbour or any other person as it is not what Community Council considers. Chair Perks reminded the deputant that they are making claims about an individual in a public forum and that the deputant is not protected. Chair Perks strongly discouraged the deputant from talking about an individual and their behaviour and to speak to the issue which is the height of the fence.

Ruling by Councillor Gord Perks
Chair Perks ruled that he had ended the deputation as the deputant was going to talk about the behaviour of the individual again.

Source: Toronto City Clerk at www.toronto.ca/council