109 Erskine Avenue, 63-91 Montclair Avenue, and 1161 Kingston Road - 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 Appendices A, B and C 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 Appendices A, B, and C to the report (March 7, 2024) from the City Solicitor remain confidential 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

The City of Toronto received complaints from 109 Erskine Inc., Montclair Developments #1 Inc., and 1161 Kingston Road GP Inc. (collectively the "Owners") respecting the development charges paid by each Owner for developments at 109 Erskine Avenue, 63 - 91 Montclair Avenue, and 1161 Kingston Road respectively. Given City Council's failure to make a decision on the complaints within the statutory timelines, the Owners appealed the complaints respecting 109 Erskine Avenue and 63 - 91 Montclair Avenue to the Ontario Land Tribunal and an appeal respecting 1161 Kingston Road is expected imminently.

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A hearing has been scheduled for March 20, 2024, which the City Solicitor expects would address all the Owners' appeals given that the issues in each are identical and all are represented by the same legal counsel. The City Solicitor requires further directions. These matters are 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 Confidential Appendix A, B and C 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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