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Toronto City Council · 2024-06-26 · 2024.CC19.12

The filed record

300 Borough Drive, 1755 Brimley Road, 400 to 580 Progress Avenue and 350 Town Centre Court - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2024-06-26 · Toronto City Council · adopted

As filed

City Council on June 26 and 27, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 13, 2024) 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 the report (June 13, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (June 13, 2024) 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 (June 13, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated June 11, 2024 set out in Confidential Appendix A to Confidential Attachment 1 to the report (June 13, 2024) from the City Solicitor (the "Settlement Offer") and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement. 2. City Council authorize the City Solicitor, in consultation with the Director, Community Planning, Scarborough District, to prepare a final draft Official Plan Amendment for presentation to the Ontario Land Tribunal, modified as necessary in the opinion of such Officials to reflect the intent of the Settlement Offer, and to finalize all elements of the settlement, including the final form of the draft Official Plan Amendment forming a part of the Settlement Offer. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (June 13, 2024) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (June 13, 2024) from the City Solicitor remains confidential at this time 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 (June 13, 2024) 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 2, 2021, the City received an Official Plan Amendment application for 300 Borough Drive, 1755 Brimley Road, 400 to 580 Progress Avenue and 350 Town Centre Court (the "Site") to permit a long-term mixed use development plan for portions of the lands surrounding the Scarborough Town Centre Shopping Centre. The applicant appealed City Council's neglect or failure to make a decision on its application for the Official Plan Amendment (the "Appeal") to the Ontario Land Tribunal on October 17, 2022.

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The City Solicitor requires further directions in order to prepare for an upcoming Ontario Land Tribunal hearing scheduled to commence on October 15, 2024.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 and the information contained in Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct

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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 contains advice which is subject to solicitor-client privilege.

    On the record

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