Minto (Mimico) Inc. v Toronto (City) - Appeal of Ontario Land Tribunal Decision

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The decision

2024-03-20 · Toronto City Council · adopted

As filed

City Council on March 20 and 21, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and advice or communications that are subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor, with retroactive authority, to: a. bring a motion for leave to appeal, and if granted, to appeal to Divisional Court; and/or b. commence an application for judicial review; from the Ontario Land Tribunal decision released on December 12, 2023 in Ontario Land Tribunal File OLT-23-000545. 2. City Council authorize the City Solicitor to bring or participate in any necessary proceeding before the Court, including intervening in related court proceedings brought by other municipalities, to ensure integrity of the City's Mandatory Pre-Application Consultation By-law is maintained as the City Solicitor may determine to be appropriate in consultation with the Interim Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to settle, abandon or resolve the leave/appeal/court proceedings as the City Solicitor may determine to be appropriate in consultation with the Interim Chief Planner and Executive Director, City Planning. The balance of Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On December 12, 2023, the Ontario Land Tribunal issued a decision in respect of a motion brought by the applicant, Minto (Mimico) Inc., relating to its attempted 2023 site plan control application under Section 114 of the City of Toronto Act relating to various properties under the municipal address of 1 Audley Street and 8 Newcastle Street ("Block D Lands") and for the property municipally known as 2 and 10 Audley Street and 29, 31, and 59 Portland Street ("Block E" Lands).

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The Ontario Land Tribunal Act allows the parties to a hearing to seek leave to appeal a decision of the Ontario Land Tribunal to the Divisional Court. The City Solicitor requires further directions.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff 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 Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information

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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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