Item - 2024.CC16.12

Tracking Status

  • City Council adopted this item on March 20, 2024 without amendments and without debate.

CC16.12 - Ontario Land Tribunal Appeal of Official Plan Amendment 536 - City-Wide Rail Safety - Request for Directions

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

City Council Decision

City Council on March 20 and 21, 2024, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor.

  

3. City Council direct that the balance of Confidential Attachment 1 and Confidential Appendices A, B, and C to the report (March 6, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (March 6, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

 

1. City Council authorize the City Solicitor to attend the Ontario Land Tribunal in support of Official Plan Amendment 536 as modified, substantially in accordance with the Modified Official Plan Amendment attached as Confidential Appendix A to the report (March 6, 2024) from the City Solicitor.

 

2. City Council authorize the City Solicitor to sign the Minutes of Settlement attached as Confidential Appendix B to the report (March 6, 2024) from the City Solicitor with willing parties, and City Council direct the City Solicitor and appropriate City staff to attend at the Ontario Land Tribunal in support of the settlement.

 

3. City Council accept the Settlement Offer dated February 26, 2024 from KSDWP LLP contained in Confidential Appendix C to the report (March 6, 2024) from the City Solicitor, to settle Appeal 13 as referenced in Public Appendix A to the report (March 6, 2024) from the City Solicitor.

 

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

  

April 3, 2024

 

Confidential Appendices A, B and C to the report (March 6, 2024) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public and can be accessed under Background Information (City Council).

 

The balance of Attachment 1 to the report (March 6, 2024) 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 (March 6, 2024) 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)

(March 6, 2024) Report from the City Solicitor on Ontario Land Tribunal Appeal of Official Plan Amendment 536 - City-Wide Rail Safety - Request for Directions (CC16.12)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-243864.pdf
Public Appendix A - Appellants to Official Plan Amendment 536
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-243865.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on April 3, 2024.pdf
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-243867.pdf
Confidential Appendix B - Confidential Information - made public on April 3, 2024.pdf
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-243868.pdf
Confidential Appendix C - Confidential Information - made public on April 3, 2024.pdf
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-243869.pdf
Source: Toronto City Clerk at www.toronto.ca/council