Item - 2013.CC32.5

City Council on April 3 and 4, 2013, adopted the following:

1.         City Council adopt the Confidential Recommendations, as amended, set out in Confidential Attachment 2 to the report (March 22, 2013) from the City Solicitor.

2.         City Council direct that the Confidential Recommendations, as amended, be made public at the conclusion of the meeting with the balance of the Confidential Attachment 2 to the report (March 22, 2013) from the City Solicitor to remain confidential as it contains advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation.

The following Confidential Recommendations, as amended, to the report (March 22, 2013) from the City Solicitor were adopted by City Council and are now public: 

1.         The City not pursue an appeal of the Ontario Superior Court's decision, released on February 28, 2013, in the matter of 2312460 Ontario Ltd. and 748485 Ontario Ltd. v. City of Toronto, and that it formally abandon its appeal.

2.         The City abandon its counter-application in the matter of City of Toronto v. 2312460 Ontario Ltd. and 748485 Ontario Ltd.

3.         The Chief Planner and Executive Director of City Planning review the decision in the matter of 2312460 Ontario Ltd. and 748485 Ontario Ltd. v. City of Toronto and site specific zoning by-law 514-2003 and report back to City Council through the May 14, 2013 meeting of the Etobicoke York Community Council on whether the site specific by-law 514-2003 should be amended.

4.         The appropriate City officials be authorized and directed to take the necessary action to give effect to Council's decision.

The balance of Confidential Attachment 2 to the report (March 22, 2013) from the City Solicitor, remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to the receiving of advice that is subject to solicitor-client privilege and litigation or potential litigation.