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Toronto City Council · 2023-05-10 · 2023.CC6.13

The filed record

15, 19, 21 and 23 Toryork Drive - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-05-10 · Toronto City Council · adopted

As filed

City Council on May 10, 11 and 12, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 28, 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 (April 28, 2023) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (April 28, 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 (April 28, 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 April 19, 2023, set out in Public Attachment 1 to the report (April 28, 2023) from the City Solicitor, along with the supplementary settlement offer dated April 26, 2023, in Public Attachment 2 to the report (April 28, 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 approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks, Forestry and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks, Forestry and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time. 3.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 (April 28, 2023) 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. The balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

The vote

On the agenda

As the city filed it

On September 21, 2021, the City received Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision applications (the "Application") for 15, 19, 21 and 23 Toryork Drive (the "Site") to permit the construction of four buildings resulting in a total gross floor area of 97,000 square metres, containing 1,177 residential units and 870 square metres of non-residential gross floor area, an onsite park and a POPS.

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The applicant appealed City Council's neglect or failure to make a decision on the Application (the "Appeal") to the Ontario Land Tribunal on March 16, 2022. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled for 15 days commencing on July 24, 2023. This matter is urgent as the City Solicitor is required by the Procedural Order to meet certain exchange dates in advance of the scheduled hearing and a With Prejudice Settlement Offer has been received by the City Solicitor which expires at the end of the May 10, 2023 City Council meeting.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the 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

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