August 24, 1998
To:Urban Environment and Development Committee
From:H.W.O. Doyle
Subject:Litigation in relation to the Province's proposal to put slot machines at Woodbine
Racetrack
Purpose:
The purpose of this report is to inform Councillors of the litigation commenced by The
Ontario Jockey Club ("the Jockey Club"), against the City of Toronto and the Chief
Building Official and to request Council confirmation of the City Solicitor's actions.
Funding Sources, Financial Implications and Impact Statement:
The Jockey Club has requested that it be awarded its costs of the litigation should it succeed.
Recommendations:
It is recommended that Council confirm the actions of the City Solicitor in this litigation to
date in responding to the appeal of the Jockey Club, and, should the litigation be ongoing,
instruct the City Solicitor to proceed.
Council Reference/Background/History:
On July 8, 1998 the Jockey Club applied for a building permit to "refurbish floor space to
accommodate slot machines" at Woodbine Racetrack. Buildings Division staff refused the
permit by informing the Jockey Club that slot machines are not listed as a permitted use or
accessory use at that location.
Comments and/or Discussion and/or Justification:
The Woodbine Racetrack site is in a Class 2 Industrial Zone. The Etobicoke Zoning Code
permits "racetracks and ancillary facilities" in a Class 2 Industrial Zone. On August 7, 1998,
the Jockey Club appealed the refusal of a building permit. The Jockey Club takes the
position that slot machines are an "ancillary facility" to a racetrack. My staff have prepared
affidavit material in support of the position that slot machines are not an "ancillary facility".
The Jockey Club has been served with this material. The appeal is scheduled to be heard on
September 16, 1998.
I will prepare further reports to the Urban Environment and Development Committee, and,
if necessary, directly to Council, as this matter progresses.
Conclusions:
The actions of the City Solicitor should be confirmed, and, should the litigation be ongoing
at the time this report is considered, the City Solicitor should be instructed to proceed with
the litigation.
Contact Name:
Wendy Walberg (392-8078)
H.W.O. Doyle
City Solicitor
Legal Services
