Official Plan Amendment 309 - 18 Champlain Boulevard - Tippett Road Regeneration Area - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-10-11 · Toronto City Council · adopted

As filed

City Council on October 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 26, 2023) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 26, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (September 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, 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 (September 26, 2023) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the with prejudice offer to settle dated September 20, 2023, as set out in Public Appendix A to the report (September 26, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (September 26, 2023) 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 (September 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

The vote

Adopt Item · Carried, 23-1

Against (1)James Pasternak

Absent (1)Michael Thompson

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On the agenda

As the city filed it

Further direction from City Council is required on Official Plan Amendment 309, which was appealed to the Ontario Land Tribunal. Official Plan Amendment 309 is in force for all of the lands included in the Official Plan Amendment 309 study area except for 18 and 20 Champlain Boulevard. A seven day hearing on this appeal of Official Plan Amendment 309 has been scheduled at the Ontario Land Tribunal commencing November 20, 2023.

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On September 20, 2023, a With Prejudice settlement offer, was submitted to the City by Fogler Rubinoff LLP, the solicitor on behalf of Champlain Torah Education Centre, the owner of 18 Champlain Boulevard (the Subject Property). The owner of 20 Champlain Boulevard has advised that they are no longer pursuing their appeal. The City will ask the owner to officially withdraw, failing which the City will seek a formal dismissal of that appeal from the Ontario Land Tribunal. The City Solicitor previously sought direction from City Council on a Without Prejudice settlement offer at the July 28 and 29, 2020 meeting of Council through a Request for Direction Report (July 21, 2020) from the City Solicitor. City Council refused the settlement offer and directed staff to continue discussions with the remaining appellants. The City Solicitor requires further direction from City Council in advance of the upcoming Ontario Land Tribunal hearing scheduled for seven days commencing November 20, 2023. Given this timing, this item is urgent and cannot be deferred beyond the completion of the City Council meeting on October 11, 12, and 13, 2023.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential

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Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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