Item - 2024.PA9.10

Tracking Status

This item was considered by Toronto Parking Authority on May 28, 2024 and was adopted without amendment.

PA9.10 - Litigation Update Regarding Option to Purchase Retail Component of Development at 935 Eglinton Avenue West (Car Park 655)

Decision Type:: ACTION

Status:: Adopted

Ward:: 12 - Toronto - St. Paul's

Confidential Attachment - Litigation involving Toronto Parking Authority and contains advice that is subject to solicitor-client privilege

Board Decision

The Board of Directors of the Toronto Parking Authority:

1. Directed that Confidential Attachment 1 to the report (May 14, 2024) from the President, Toronto Parking Authority and the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.

Origin

(May 14, 2024) Report from the President, Toronto Parking Authority and the City Solicitor

Summary

This is a report on the status of the legal action commenced by Toronto Parking Authority on January 21, 2019 against BSaR (Eglinton) Ltd. and BSaR (Eglinton) LP (both together referred to as BSaR), and BSaR's principals, Tarek Sobhi, and Tyler Hershberg. In the legal action, Toronto Parking Authority is claiming damages in the amount of $7.0 million for breach of contract related to an option held by Toronto Parking Authority to purchase the retail unit (Retail Component) of a joint venture development at 935 Eglinton Avenue West (the Property).

Background Information

(May 14, 2024) Report from the President, Toronto Parking Authority and the City Solicitor on Litigation Update Regarding Option to Purchase Retail Component of Development at 935 Eglinton Avenue West (Car Park 655)
https://www.toronto.ca/legdocs/mmis/2024/pa/bgrd/backgroundfile-245859.pdf
Confidential Attachment 1 - Litigation Update Regarding Option to Purchase Retail Component of Development at 935 Eglington Avenue West (Car Park 655)

Motions

1 - Motion to Adopt Item moved by Councillor Brad Bradford (Carried)

2 - Motion to Re-open Item moved by Ruth Uy (Carried)

That the Board of Directors of the Toronto Parking Authority re-open Item PA9.10 for further consideration.

3 - Motion to Adopt Item moved by Namby Vithiananthan (Carried)

Vote (Adopt Item) May-28-2024

Result: Carried	Majority Required
Total members that voted Yes: 5	Members that voted Yes are Brad Bradford, Maureen Farrow, Zeshan Khan, Ruth Uy, Namby Vithiananthan
Total members that voted No: 0	Members that voted No are
Total members that were Absent: 2	Members that were absent are Paula Fletcher, Hartley Lefton (Interest Declared) (Chair)

Declared Interests

The following member(s) declared an interest:

Hartley Lefton - Members of the law firm of which he is a partner act or have acted for Toronto Parking Authority counterparties.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=11982