2 Whitney Avenue (135 Glen Road) - Injunction to Prevent Removal of Encroachments Pending Court Application

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The decision

2025-11-12 · Toronto City Council · adopted

As filed

City Council on November 12 and 13, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 3, 2025) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (November 3, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (November 3, 2025) from the City Solicitor remain confidential as it contains advice about litigation or potential litigation that affects the City of Toronto and advice or communications that are subject to solicitor-client and litigation privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (November 3, 2025) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct that the City agree with the Owners that it will not require the removal of encroachments on the City's right-of-way adjacent to 2 Whitney Avenue (135 Glen Road), pending the outcome of the Application and any appeals thereof. The balance of Confidential Attachment 1 to the report (November 3, 2025) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice about litigation or potential litigation that affects the City of Toronto and advice or communications that are subject to solicitor-client and litigation privilege.

On the agenda

As the city filed it

In March 2025, City Council directed the General Manager, Transportation Services, to require the owners of 2 Whitney Avenue, formerly 135 Glen Road (2 Whitney) to remove all of the encroachments constructed on City property on the grounds that the encroachments were constructed contrary to the Ontario Heritage Act. The registered owner of 2 Whitney (together with her spouse, the "Owners") recently filed a court application seeking a declaration that they do not require any permits for the encroachments under the Ontario Heritage Act and that the City is bound by its representation to the Owners in October 2024 that they had the required permits to construct their encroachments (the Application).

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The Owners have also filed a motion for an urgent injunction, preventing the City from requiring the removal of the encroachments pending the outcome of the Application and any appeals thereof.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential 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, if adopted by City Council. 3. City Council direct that the balance of Confidential Attachment 1 to this report from the City Solicitor

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remain confidential as it contains advice about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client and litigation privilege.

On the record

The item as the City filed it

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