Item - 2017.CC32.1

Tracking Status

  • City Council adopted this item on October 2, 2017 without amendments.

CC32.1 - Development Charges By-law - Ontario Municipal Board Appeal by Canada Lands Company Ltd. and Parc Downsview Park Inc.

Decision Type:
ACTION
Status:
Adopted
Ward:
9 - York Centre

City Council Decision

City Council on October 2, 3 and 4, 2017, adopted the following:

 

1.  City Council adopt the Confidential Instructions to staff in Confidential Attachment 1 to the report (June 27, 2017) from the City Solicitor.

 

2.  City Council authorize the public release of Confidential Instruction 1 in Confidential Attachment 1 to the report (June 27, 2017) from the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the report (June 27, 2017) from the City Solicitor remain confidential as it contains advice which is subject to solicitor-client privilege.

 

Confidential Instruction 1 in Confidential Attachment 1 to the report (June 27, 2017) from the City Solicitor was adopted by City Council and is now public as follows:

 

1.  City Council authorize the City Solicitor to settle the Development Charges By-law appeal filed by Parc Downsview Park Inc. and Canada Lands Company Ltd., dated November 20, 2013, on the following basis:

 

a.  City Council authorize the Deputy City Manager and Chief Financial Officer to apply a redevelopment reduction due to the demolition of eighty-one (81) residential units within the Downsview Area Secondary Plan area towards the development charge payments made in respect of development in the Stanley Greene District;

 

b.  City Council authorize the payment of $3,143,448.00 in respect of such demolition reduction to the Trustee for the Downsview owners group, at such time as the Trustee is appointed pursuant to the provisions of an executed Core Servicing Agreement; and

 

c.  Parc Downsview Park Inc. and Canada Lands Company Ltd. submit a  letter withdrawing their appeal of the City's Development Charges By-law 1347-2013 and provide a separate written undertaking that they will  not  appeal future development charge by-laws on the same grounds as its current appeal, namely on the basis of the limitation period for eligibility of demolition reductions.

 

The balance of Confidential Attachment 1 to the report (June 27, 2017) from the City Solicitor remains confidential 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 - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

(June 27, 2017) Report from the City Solicitor on Development Charges By-law - Ontario Municipal Board Appeal by Canada Lands Company Ltd. and Parc Downsview Park Inc. and Attachment 1 (CC32.1)
https://www.toronto.ca/legdocs/mmis/2017/cc/bgrd/backgroundfile-105903.pdf
Confidential Attachment 1
Source: Toronto City Clerk at www.toronto.ca/council