Item - 2024.CC16.20

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 7, 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 7, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council direct the City Solicitor, with retroactive authority, to:

a. bring a motion for leave to appeal, and if granted, to appeal to Divisional Court; and/or

b. commence an application for judicial review;

from the Ontario Land Tribunal decision released on December 12, 2023 in Ontario Land Tribunal File OLT-23-000545.

2. City Council authorize the City Solicitor to bring or participate in any necessary proceeding before the Court, including intervening in related court proceedings brought by other municipalities, to ensure integrity of the City’s Mandatory Pre-Application Consultation By-law is maintained as the City Solicitor may determine to be appropriate in consultation with the Interim Chief Planner and Executive Director, City Planning.

3. City Council authorize the City Solicitor to settle, abandon or resolve the leave/appeal/court proceedings as the City Solicitor may determine to be appropriate in consultation with the Interim Chief Planner and Executive Director, City Planning.

The balance of Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.