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Toronto City Council · 2024-07-24 · 2024.MM20.31

The filed record

Artscape Receivership - Next Steps - by Deputy Mayor Ausma Malik, seconded by Councillor Gord Perks

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The decision

2024-07-24 · Toronto City Council · adopted

As filed

City Council on July 24 and 25, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to Member Motion MM20.31. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Member Motion MM20.31, at the conclusion of the Artscape receivership.   3. City Council direct that the balance of Confidential Attachment 1 to Member Motion MM20.31 is to remain confidential at the discretion of the City Solicitor, as it relates to litigation which affects the City.

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Confidential Attachment 1 to Member Motion MM20.31 remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation, including matters before administrative tribunals, affecting the City or local board. The confidential instructions to staff will be made public at the conclusion of the Artscape receivership and the balance of Confidential Attachment 1 to Member Motion MM20.31 remains confidential at the discretion of the City Solicitor.

On the agenda

As the city filed it

On October 11, 2023, City Council adopted Item 2023.MM11.32, which directed the City Solicitor to participate in the receivership proceeding against Toronto Artscape Inc. ("Artscape"), with the intent of protecting affordable housing and affordable not-for-profit arts and culture space. A Receiver was appointed over Artscape's operations by a decision of the Ontario Superior Court of Justice on January 11, 2024. Throughout the receivership process, the City has strongly advocated for the interests of Artscape's 390 residential and commercial tenants.

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The City worked closely with Artscape to develop comprehensive transition plans for its 14 properties ahead of the receivership, and successfully advocated for the vast majority of Artscape's properties to be excluded from the scope of the receivership. Just 38 tenants, or 9 percent of Artscape's former tenants, are located at properties subject to the receivership. One of the properties subject to the receivership is Youngplace, a former public school located at 180 Shaw Street, which was purchased by Artscape in 2010 and redeveloped as a community cultural hub, opening in 2013. Youngplace is structured as a commercial condominium, with most occupants owning their units directly. Artscape was hired by the condominium corporation (TSCC 2397) to maintain the property, and ensure the community vision for Youngplace as a vibrant cultural hub was upheld in its operations. Artscape owned and rented 13 of the commercial condominium units at Youngplace to non-profit arts organizations and to a childcare space at below-market rates. Artscape also owned two other units in the building, which were used as a café and as a common area. These 15 units have been included in the scope of the receivership. In late June, the units were placed for sale by the Receiver on the Multiple Listing Service. This motion requests further direction from Council to related to the receivership proceedings. This motion is urgent as it relates to ongoing litigation related to the receivership process for which action is required before the next meeting of City Council.

Staff recommended

Deputy Mayor Ausma Malik, seconded by Councillor Gord Perks, recommends that: 1. City Council adopt the confidential instructions to staff contained in the Confidential Attachment 1 to this motion. 2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 to this motion, if adopted by City Council, at the conclusion of the Artscape receivership.   3.

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City Council direct that all other information contained in Confidential Attachment 1 to this motion is to remain confidential at the discretion of the City Solicitor, as it relates to litigation which affects the City.

    On the record

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