Bathurst Street - Queen Street West to Dupont Street (Official Plan Amendment 246) and Bathurst Bloor Character Area (Official Plan Amendment 349) - Request for directions regarding Ontario Land Tribunal Appeal

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The decision

2022-06-15 · Toronto City Council · adopted

As filed

City Council on June 15 and 16, 2022, adopted the following: 1. Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 6, 2022) 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 6, 2022) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 6, 2022) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (June 6, 2022) from the City Solicitor, were adopted by City Council and are now public as follows: 1. City Council accept the Settlement Offer set out in Confidential Appendix A to the report (June 6, 2022) from the City Solicitor and City Council authorize the City Solicitor to take all necessary steps to give effect to a settlement. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Ontario Land Tribunal hearing into this matter in support of the settlement. Confidential Appendix A to the report (June 6, 2022) 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 6, 2022) 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.

On the agenda

As the city filed it

In August 2014, City Council adopted Official Plan Amendment 246, called Bathurst Street - Queen Street West to Dupont Street ("OPA 246"). The OPA was appealed by two parties, Torgan Management Inc. ("Torgan") in respect of its property at 844 Bathurst Street and University Health Network ("UHN") in respect of the Toronto Western Hospital property, located at 399 Bathurst Street. In December 2016, City Council adopted OPA 349, which came out of the Bathurst - Bloor Four Corners Study.

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The OPA modified section 9 of OPA 246 insofar as it applies to the four corners of the Bathurst Bloor intersection. OPA 349 was also appealed by Torgan, in respect of its property at 844 Bathurst Street. The appeal by UHN was settled and an order issued by the OLT on May 28, 2021. At that time, OPA 246 (and OPA 349, nested within it) were brought into force on all the subject lands, save and except those owned by the second appellant, Torgan. The purpose of this report is to seek instruction for the two outstanding OLT appeals by Torgan. No OLT hearing has been scheduled yet.

Staff recommended

The City Solicitor recommends that: 1. Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. The recommendations contained in the Confidential Attachment 1 to this report and Confidential Appendix "A" be made public at such time as Council adopts the recommendations. All other information contained in the Confidential Attachment 1 is to remain confidential.

On the record

The item as the City filed it

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