Item - 2011.PG5.5

Tracking Status

  • City Council adopted this item on June 14, 2011 without amendments and without debate.
  • This item was considered by the Planning and Growth Management Committee on May 30, 2011 and adopted without amendment. It will be considered by City Council on June 14, 2011.

PG5.5 - Review of OMB Decision - OPA 72 - Request for Further Instructions

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on June 14 and 15, 2011, adopted the following:

 

1.         City Council adopt the confidential recommendations in Attachment 1 of the report (May 25, 2011) from the City Solicitor.

 

2.         City Council authorize the public release of the confidential recommendations in Attachment 1 of the report (May 25, 2011) from the City Solicitor.

  

The following recommendations contained in Confidential Attachment 1 to the report (May 25, 2011) from the City Solicitor were adopted by City Council and are now public:

 

1.         City Council instruct the City Solicitor to take all necessary actions to abandon the motion for leave to appeal to the Divisional Court from the Ontario Municipal Board (OMB) Decision of June 10, 2010 concerning OPA72.

 

2.         City Council authorize the City Solicitor to pay any legal costs awarded to the owner from the Arbitration and Legal Awards Reserve Fund arising from such actions.

 

3.         City Council direct the Chief Planner and Executive Director, City Planning Division, to include as part of the ongoing 5 year comprehensive review of the Official Plan, those matters which remain to be addressed to complete the Growth Plan Conformity exercise together with a re-evaluation of policy 4.6.4 concerning large scale retail uses in the interior of Employment Areas.

 

The balance of Confidential Attachment 1 to the report (May 25, 2011) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Background Information (Committee)

(May 25, 2011) Review of OMB Decision OPA 72 - Request for Further Instructions
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-38352.pdf
(May 11, 2011) Placeholder Report from the City Solicitor on Review of OMB Decision - OPA 72 - Request for Further Instructions (Notice of Pending Report)
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-38169.pdf

PG5.5 - Review of OMB Decision - OPA 72 - Request for Further Instructions

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege

Committee Recommendations

The Planning and Growth Management Committee recommends that:

 

1.         City Council adopt the confidential recommendations in Attachment 1 of the report (May 25, 2011) from the City Solicitor; and

 

2.         City Council authorize the public release of the confidential recommendations in Attachment 1 of the report (May 25, 2011) from the City Solicitor, if adopted by Council.

Origin

(May 25, 2011) Report from the City Solicitor

Summary

To update Council on ongoing litigation in connection with the motion seeking leave to appeal to Divisional Court of the Ontario Municipal Board (OMB) Decision issued on June 10, 2010 regarding Official Plan Amendment No. 72 (Growth Plan Conformity) and to seek further instructions.

Background Information

(May 25, 2011) Review of OMB Decision OPA 72 - Request for Further Instructions
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-38352.pdf
(May 11, 2011) Placeholder Report from the City Solicitor on Review of OMB Decision - OPA 72 - Request for Further Instructions (Notice of Pending Report)
https://www.toronto.ca/legdocs/mmis/2011/pg/bgrd/backgroundfile-38169.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Frank Di Giorgio (Carried)
Source: Toronto City Clerk at www.toronto.ca/council