Item - 2024.CC16.18

Tracking Status

City Council adopted this item on March 20 and 21, 2024 with amendments.

CC16.18 - 8 Yorkleigh Avenue - Committee of Adjustment Decision

Decision Type:: ACTION

Status:: Amended

Ward:: 2 - Etobicoke Centre

City Council Decision

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

1. City Council instruct the City Solicitor to withdraw the appeal before the Toronto Local Appeal Body, as it pertains to 8 Yorkleigh Avenue.

2. City Council request the City Solicitor to include the concepts of abuse of process and res judicata in the training offered by Legal Services staff to Committee of Adjustment staff, and as part of the ongoing training provided to Committee of Adjustment panel members.

3. City Council direct that Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on March 21, 2024, to consider confidential information on this Item as it pertains to solicitor-client privilege and information regarding potential litigation.

City Council considered Items CC16.18 and EY11.14 together.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

Background Information (City Council)

(March 7, 2024) Report from the City Solicitor on 8 Yorkleigh Avenue - Committee of Adjustment Decision (CC16.18)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-243870.pdf
Committee of Adjustment Etobicoke York Panel Notice of Decision on application for Minor Variance/Permission/Consent for 8 Yorkleigh Avenue
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-243871.pdf
(January 29, 2024) Report from the Director, Community Planning, Etobicoke York District on 8 Yorkleigh Avenue
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-243872.pdf
Confidential Attachment 1 - Confidential Information

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Carried)

That City Council request the City Solicitor to include the concepts of abuse of process and res judicata in the training offered by Legal Services staff to Committee of Adjustment staff, and as part of the ongoing training provided to Committee of Adjustment panel members.

2 - Motion to Amend Item moved by Councillor Gord Perks (Carried)

That City Council delete Recommendation 1

Recommendation to be deleted

1. City Council receive this report for information.

and, adopt instead the following

1. City Council instruct the City Solicitor to withdraw the appeal before the Toronto Local Appeal Body, as it pertains to 8 Yorkleigh Avenue.

Motion to Adopt Item as Amended (Carried)

Report of Committee of the Whole

March 21, 2024 - at 4:52 p.m. - Speaker Nunziata advised that City Council had completed its closed session consideration of Item EY11.14 headed "8 Yorkleigh Avenue Request for City Solicitor to Report to City Council and Preserve Appeal Rights" and Item CC16.18 headed "8 Yorkleigh Avenue - Committee of Adjustment Decision". No motions were placed in the closed session. City Council would now proceed with the public debate on the Item.