Item - 2024.CC19.12

Tracking Status

  • City Council adopted this item on June 26, 2024 without amendments.

CC19.12 - 300 Borough Drive, 1755 Brimley Road, 400 to 580 Progress Avenue and 350 Town Centre Court - Ontario Land Tribunal Hearing - Request for Directions

Decision Type:
ACTION
Status:
Adopted
Ward:
21 - Scarborough Centre

City Council Decision

City Council on June 26 and 27, 2024, adopted the following:

 

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 13, 2024) from the City Solicitor.

 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (June 13, 2024) from the City Solicitor.

 

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 13, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (June 13, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

 

1. City Council accept the without prejudice offer to settle dated June 11, 2024 set out in Confidential Appendix A to Confidential Attachment 1 to the report (June 13, 2024) from the City Solicitor (the "Settlement Offer") and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

 

2. City Council authorize the City Solicitor, in consultation with the Director, Community Planning, Scarborough District, to prepare a final draft Official Plan Amendment for presentation to the Ontario Land Tribunal, modified as necessary in the opinion of such Officials to reflect the intent of the Settlement Offer, and to finalize all elements of the settlement, including the final form of the draft Official Plan Amendment forming a part of the Settlement Offer.

 

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

 

Confidential Appendix A to the report (June 13, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (June 13, 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 (June 13, 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)

(June 13, 2024) Report from the City Solicitor on 300 Borough Drive, 1755 Brimley Road, 400 to 580 Progress Avenue and 350 Town Centre Court - Ontario Land Tribunal Hearing - Request for Directions (CC19.12)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-246822.pdf
Public Attachment 1 - Revised Official Plan Amendment filed by Oxford Properties Group and the owner and operators of Scarborough Town Centre, including OMERS Realty Holdings (STC One) Inc., OMERS Realty Holdings (STC Two) Inc., OMERS Realty Holdings (STC Three) Inc. and ARI STC GP Inc./ARI STC Investments LP on May 16, 2024 with the City Solicitor
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-246823.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on July 4, 2024
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-246825.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-26-2024 2:42 PM

Result: Carried Majority Required - CC19.12 - Adopt the Item
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 2 Members that were absent are Parthi Kandavel, Josh Matlow
Source: Toronto City Clerk at www.toronto.ca/council