8 Elm Street and 348-354 Yonge Street - Ontario Land Tribunal Hearing - Request for Directions

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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 direct that Confidential Attachment 1 and Confidential Appendix A to the report (March 7, 2024) from the City Solicitor remain confidential as they contain advice and information that is subject to solicitor-client privilege and litigation privilege.

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Confidential Attachment 1 and Confidential Appendix A to the report (March 7, 2023) from the City Solicitor remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that is subject to solicitor-client privilege and litigation privilege.

On the agenda

As the city filed it

On May 31, 2023, the City received a complaint from 8 Elm Development Limited Partnership (the "Complainant"), pursuant to section 20 of the Development Charges Act, 1997, S.O. 1997, c. 27 (the "Section 20 Complaint"), for 8 Elm Street and 348-354 Yonge Street (the "Site") regarding the payment of development charges. On August 18, 2023, pursuant to section 22(2) of the Development Charges Act, 1997, the Complainant appealed City Council's neglect or failure to make a decision on its complaint (the "Section 22 Appeal"), to the Ontario Land Tribunal.

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On January 26, 2024, this matter was litigated at the Ontario Land Tribunal and the decision from the Ontario Land Tribunal is being held pending further discussion amongst the parties. The City Solicitor requires further directions as this matter has been adjudicated; as a result, this matter is urgent and cannot be deferred.

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 direct that the confidential recommendations and all other information contained in Confidential Attachment 1 and the Confidential Appendix A to this report from the City Solicitor is to remain confidential as it contains advice and information which is subject to solicitor-client privilege and litigation privilege.

On the record

The item as the City filed it

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