Litigation Due to Contaminated Laneway Located Near Queen Street East and Coxwell Avenue

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The decision

2021-12-15 · Toronto City Council · adopted

As filed

City Council on December 15, 16 and 17, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 8, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 8, 2021) from the City Solicitor, at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (December 8, 2021) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client and litigation privilege. Confidential Attachment 1 to the report (December 8, 2021) from the City Solicitor remains confidential at this time in accordance with the provision of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client and litigation privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 8, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Contaminated soil and groundwater may be present in a laneway (the "Laneway") owned by the City and may also be present on Queen Street, Coxwell Avenue, and Eastern Avenue. The contamination may be as a result of operations carried on by businesses located on Queen Street East, immediately adjacent to the Laneway. Toronto Community Housing Corporation owns 1555 and 1575 Queen Street East (the "Toronto Community Housing Corporation Property").

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Part of the Toronto Community Housing Corporation Property borders the south side of the Laneway. Toronto Community Housing Corporation commenced legal action against existing and former adjacent property owners whose activities, it alleges, are the source of contamination on the Toronto Community Housing Corporation Property. Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, at the discretion of the City Solicitor, but that the remainder of Confidential Attachment 1 remain confidential as it contains advice which is subject to solicitor-client and litigation privilege.

On the record

The item as the City filed it

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