Item - 2022.CC43.11

City Council on May 11 and 12, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor.

3. City Council direct that the balance of  Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (May 2, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council authorize the City Solicitor to settle the complaint made pursuant to section 20 of the Development Charges Act, 1997 by Islington Chauncey Residences Corp., dated December 24, 2019, and its subsequent appeal to the Ontario Land Tribunal on the following terms:

a. the City refund to Islington Chauncey Residences Corporation the amount of

$86,622.00 in respect of development charges paid by the applicant, plus interest  from the date the development charge was paid to the City until the date that such refund is issued, in accordance with the prescribed rate under the Development Charges Act, 1997;and

b. upon receipt of such refund, the applicant will withdraw its appeal to the Ontario Land Tribunal of its section 20 complaint, and will inform the Tribunal that the matter has been resolved.

2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in support of such settlement, and to take such other action as may be necessary to give effect to such settlement.

The balance of Confidential Attachment 1 to the report (May 2, 2022) 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.