Authority: Etobicoke Community Council Report No. 9, Clause No. 16

as adopted by Council on October 1, 1998

Enacted by Council:

CITY OF TORONTO

WHEREAS Jericho Investments Limited became the registered owner of the lands known as 4975 Dundas Street and more particularly described in Schedule "A" herein;

AND WHEREAS Analytical Investments Limited became the registered owner of the lands known as 52 Mabelle Avenue and more particularly described in Schedule "B" herein;

AND WHEREAS the Schedule "A" lands and the Schedule "B" lands abut one another and are therefore subject to the part lot provisions in the Planning Act, R.S.O., 1990, c.P.13;

AND WHEREAS by Articles of Amalgamation dated June 1, 1994, Jericho Investments Limited and Analytical Investments Limited together with seven other companies were amalgamated to form Fifth Brook Investments Inc.;

AND WHEREAS as a result of the Amalgamation, Fifth Brook Investments Inc. became the

registered owner of both the Schedule "A" and Schedule "B" lands;

AND WHEREAS on June 2, 1994, Fifth Brook Investments Inc. conveyed the Schedule "A" lands to 1054879 Ontario Limited by Transfer CA284132 and further transferred the Schedule "B" lands to 1054880 Ontario Limited by Transfer C896687;

AND WHEREAS the transfer of the Schedule "A" lands by Instrument No. CA284132 resulted in a breach of the Planning Act in that Fifth Brook Investments Inc. retained the abutting Schedule "B" lands when it conveyed the Schedule "A’ lands;

AND WHEREAS Fifth Brook Investments Inc. has requested a Validation Order pursuant to Section 57 of the Planning Act, R.S.O. 1990;

AND WHEREAS Section 57(1) of the Planning Act, R.S.O., 1990, c.P.13, as amended, states that a council authorized to give a consent under Section 53 may issue a Certificate of Validation;

AND WHEREAS the City of Toronto deems it appropriate to issue a Certificate of Validation;

1. That a contravention of Section 50 of the Planning Act or a predecessor thereof, or a By-law passed under a predecessor of Section 50 or of an order made under clause 27(1)(b), as it existed on the 25th day of June, 1970, of the Planning Act, being Chapter 296 of the Revised Statutes of Ontario, 1990, or a predecessor thereof, does not have and shall be deemed never to have had the effect of preventing the conveyance or creation of any interest in the lands described in Schedule "A" herein;

2. That by the passage of the herein By-law, Council has given consent for validation of the lands described in Schedule "A" and described in Intrument No. CA284132;

3. That this By-law shall take effect upon its approval by the City of Toronto and upon its registration in the appropriate Land Registry Office.

ENACTED AND PASSED this day of October, A.D. 1998.

MayorCity Clerk

SCHEDULE "A" TO BY-LAW No. -1998

P.I.N. 07300-0014

City of Toronto (formerly City of Etobicoke)

Part of Lots 7 & 8, Concession A, Clergy Block and Part of Lots 3, 4 & 43, Plan 2374 and Part of Block A, Plan 2438 & Part of Frederick Street, Plan 2438 as in Instrument No. CA284132 and Part of Lots 7 & 8, Concession 2 or A, Clergy Block and Part of Lots 3, 4 & 43 and Part of Frederick Boulevard, Plan 2374 as closed by Plan 2438 and being more particularly described as Parts 1 & 2 on Plan 64R-7181 filed in the Land Registry Office for the Land Titles Division of Metropolitan Toronto.

SCHEDULE "B" TO BY-LAW No. -1998

P.I.N. 07300-0009

City of Toronto (formerly City of Etobicoke)

Parcel 3-1, Section B-2374 being Part of Lot 7, Concession A, Clergy Block; Part of Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 & 13, Plan 2374; Part of Block A, Plan 2438; Part of the One Foot Reserve & Frederick Boulevard, Plan 2438 (as closed by By-law 3605) and being more particularly described as Part 1 Plan 66R-6361 filed in the Land Registry Office for the Land Titles Division of Metropolitan Toronto.