April 6, 1999

To:Toronto Community Council

From:H.W.O. Doyle

Subject:Propane By-law No. 193-91 of the former City of Toronto, Ontario Municipal Board Decision (All Wards of the former City of Toronto)

Purpose:

To inform Council of the Ontario Municipal Board decision respecting the outstanding appeals of By-law No. 193-91.

Funding Sources, Financial Implications and Impact Statement:

No funding implications.

Recommendations:

It is recommended that this report be received for information.

Council Reference/Background/History:

At its meeting of April 16, 1998 Council authorized the City Solicitor to attend before the Ontario Municipal Board to settle the outstanding appeals of By-law No. 193-91 by agreeing to allow the appeals on the basis of the decision of the Ontario Court of Appeal in the matter of the City of York Propane By-law, given the similarities between the by-laws.

Comments and/or Discussion and/or Justification:

In accordance with Council's instructions and in an effort to expedite this matter and deal with it in the most cost effective manner possible under the unusual circumstances, the Ontario Municipal Board was requested by letter to allow the appeals without the need for a hearing or further notice. On the basis of an affidavit provided by my office and with the consent of the appellants, the Board has now issued its order allowing the appeals. Accordingly, By-law No. 193-91 is now repealed.

Conclusions:

Council's decision to allow the appeals was agreed to by the Ontario Municipal Board.

Contact Name:Sharon Haniford, Solicitor

Telephone: 392-6975

Fax: 392-0024

E-mail: shanifor@toronto.ca

H.W.O. Doyle

City Solicitor

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