King-Spadina Secondary Plan - City-initiated Official Plan Amendment - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2023-07-19 · Toronto City Council · adopted

As filed

City Council on July 19 and 20, 2023, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 2023) 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 this report (July 4, 2023) 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 (July 4, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (July 4, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation before the Ontario Land Tribunal and contain advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 4, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On January 29, 2020, City Council adopted Official Plan Amendment 486, which amended the existing Chapter 6, Section 16, King-Spadina Secondary Plan of the Official Plan. The Secondary Plan was subsequently appealed to the Ontario Land Tribunal by 46 appellants. On December 15-17, 2021, City Council provided directions to the City Solicitor regarding the appeals of Official Plan Amendment 486. On May 11, 2022 and June 14, 2023, City Council provided further direction to the City Solicitor regarding the appeals of Official Plan Amendment 486.

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The Ontario Land Tribunal hearing was originally scheduled to commence on July 18, 2022 for 26 days, but it was adjourned. A 12-day hearing is scheduled to commence on August 14, 2023. Given this timing, this item is urgent and cannot be deferred. The purpose of this report is to request further instructions on this matter which is the subject of appeals to the Ontario Land Tribunal.

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 instructions to staff contained in the Confidential Attachment 1 and Confidential Appendix A to this report from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

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3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

On the record

The item as the City filed it

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