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Source of Funding for Outside Consultants
Required for Ontario Municipal Board Hearings
The Policy and Finance Committee recommends the adoption of the following report (August 5, 1999) from the City
Solicitor:
Purpose:
To advise Council that the Legal Services Division budget allocation for outside consultants for Ontario Municipal Board
hearings has been almost fully committed, that there are insufficient funds available to ensure that outside consultants can
be retained for the balance of 1999 and to obtain Council authority that expenditures beyond the current budget allocation
be charged to the Corporate Contingency Account.
Funding Sources, Financial Implications and Impact Statement:
The amount expended on outside consultants is a matter beyond the control of the City Solicitor. It is difficult to estimate
the amount which will be required for the retention of outside consultants to year end. The final amount is dependant on
future decisions made by Council on planning applications, appeals of Committee of Adjustment decisions, the complexity
of the files under appeal, the length of the hearing and the scheduling of the hearings by the Ontario Municipal Board. In
view of the fact that the budget allocation of $500,000.00 has been almost fully spent or committed to date, authority is
required to charge expenditures beyond the budget allocation to the Corporate Contingency Account. It is estimated that up
to $300,000.00 may be required to year end.
The Chief Financial Officer and Treasurer has reviewed and concurs with this financial impact statement.
Recommendations:
It is recommended that:
(1)expenditures beyond the $500,000.00 budgeted in the Legal Services budget for outside consultants for Ontario
Municipal Board hearings be charged to the Corporate Contingency Account;
(2)the City Solicitor be directed to report to the Policy and Finance Committee in January 2000 on 1999 actual
expenditures for outside consultants; and
(3)Council confirm that the City Solicitor is authorized to retain outside consultants for all Ontario Municipal Board
hearings where the Chief Planner and his staff are unable to provide evidence under oath in support of Council's position
unless Council expressly directs the City Solicitor not to retain outside consultants on a specific matter.
Council Reference/Background/History:
When Council makes a decision on a planning matter which is not supported by the Chief Planner and his staff and the
matter is appealed to the Ontario Municipal Board, the City Solicitor must retain outside consultants to present evidence
under oath in support of Council's position at the Ontario Municipal Board hearing. Where the City does not present
evidence under oath, there is an appearance that the decision may have been frivolous or made without rational basis with
the result that there is an increased likelihood that the Ontario Municipal Board will overrule Council's decision and the
increased possibility of costs being awarded against the City.
The practices in the former municipalities varied somewhat and in some recent instances, Council has specifically directed
the City Solicitor to retain outside consultants. This might lead to the conclusion that unless Council directs that the City
Solicitor retain outside consultants, he is not authorized to do so. In view of the consequences of not providing evidence at
an Ontario Municipal Board hearing, this is not recommended and it would be appropriate to confirm that the City Solicitor
is authorized to retain outside consultants for all Ontario Municipal Board hearings where the Chief Planner and his staff
are unable to provide evidence under oath in support of Council's position unless Council expressly directs the City
Solicitor not to retain outside consultants on a specific matter.
At amalgamation, the 1998 budgets of the former municipalities provided for a total of $209,200.00 for the retention of
outside consultants for Ontario Municipal Board hearing. During the 1999 budget process, Council increased this amount
by $290,800.00 for a total of $500,000.00 which was allocated to the Legal Division's Operating Budget for this purpose.
To date, these monies have been almost fully committed. Appendix "A" indicates the amounts approved and spent on
outside consultants since August 1, 1998. The amount of $302,851.35 has been spent in 1999 to date. A further
$187,000.00 has been committed for hearings which have been scheduled for 1999. The funds spent and the amount
committed to date totals $489,851.35. Furthermore, there are currently three hearings which may be scheduled in 1999 for
which outside consultants will be required but for which estimates are not yet available. In addition, it appears that the
amount spent on some hearings may exceed the original amount estimated. The Legal Division can no longer confirm that
sufficient funds are or will be available in the Division's Operating Budget to retain outside consultants for hearings which
may arise later in 1999.
It is difficult to estimate the amount which may be required to year end. The amount depends on future decisions of
Council on planning applications including appeals of Committee of Adjustment appeals and whether Council adopts the
Planning Division's recommendations. The amount required varies depending on the length and complexity of the case.
The amount required will also depend on the scheduling of the hearing dates by the Ontario Municipal Board. If, for
example, a decision made by Council in September results in a December hearing, funds will be required this year. On the
other hand, a Council decision in December will likely mean a hearing date in 2000. Notwithstanding these uncertainties,
in view that almost $490,000.00 has been spent or committed to date, it is reasonable to assume that a similar additional
amount will be required to year end.
The Finance Department has advised that it would be appropriate that Council authorize that all expenditures for outside
consultants for Ontario Municipal Board hearings beyond the $500,000.00 budget allocation be charged to the Corporate
Contingency Account.
Conclusions:
In order to properly present Council's position at the Ontario Municipal Board, it is necessary to provide for additional
expenditures for outside consultants to year end. It is recommended that expenditures for outside consultants for Ontario
Municipal Board hearings beyond the Legal Services Division budget allocation be charged to the Corporate Contingency
Account. It would also be appropriate for the City Solicitor to report to Committee early in 2000 on 1999 actual
expenditures in order to determine an appropriate budget allocation for this purpose.
Contact Name:
Anna Kinastowski, Director Planning and Development Law, Legal Services Division,
Tel: 392-0080, Fax: 397-4420.
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Appendix 'A'
Costs of Outside Evidence for
Ontario Municipal Board Hearings Since August 1, 1998
OMB Hearing |
Status |
1998
Approved |
1998
Spent |
1999
Approved Or
Estimated |
1999
Spent |
Committed
But Not
Yet Spent |
2223 Bloor Street West (Runnymede
Theatre) |
C |
$ 6,479.79 |
$ 6,479.79 |
|
|
|
255 Blantyre Avenue |
C |
10,000.00 |
|
|
$ 6,660.75 |
|
5739 - 5745 Finch Avenue |
D |
15,000.00 |
|
|
13,825.77** |
|
675 Roselawn Avenue (withdrawn) |
C |
10,000.00 |
0 |
|
|
|
1586 Bathurst Street (Shell) |
C |
10,000.00 |
|
|
9,997.01 |
|
129 Willowdale Avenue |
C |
10,000.00 |
9,994.56 |
|
|
|
2230 - 2336 Gerrard Street East
(east of Main) |
C |
158,000.00 |
|
|
129,844.08 |
|
128 Scarboro Avenue |
C |
10,000.00 |
|
|
9,335.00 |
|
2055 - 2069 Lawrence Avenue East |
C |
15,000.00 |
|
|
5,800.00 |
|
50 Prince Arthur Avenue |
C |
26,000.00 |
|
|
33,187.22*** |
|
1465 Lawrence Avenue East |
C |
10,000.00 |
|
|
9,879.31 |
|
5 Queenslea Avenue (settled) |
C |
10,000.00 |
0 |
|
|
|
123 - 125 Steeles Avenue East |
D |
|
|
15,000.00 |
15,000.00 |
|
88 - 102 Ellerslie Avenue |
H |
|
|
25,000.00 |
|
25,000.00 |
Yorkville Triangle I.C.B. |
C |
|
|
25,000.00 |
11,182.50 |
|
294 Lawrence Avenue East (Toronto
French School) |
C |
|
|
5,000.00 |
4,993.00 |
|
Finch Avenue East at McCowan
Road (Monarch Construction) |
C |
|
|
15,000.00 |
23,085.28* |
|
2650 Brimley Road (Shell) |
C |
|
|
15,000.00 |
0 |
|
373 Clinton Street |
C |
|
|
13,000.00 |
12,501.88 |
|
2426 - 2436 Weston Road |
C |
|
|
20,000.00 |
17,559.57 |
|
325 Morrish Road |
P |
|
|
10,000.00 |
|
10,000.00 |
14 - 16 Anglesey Boulevard |
H |
|
|
10,000.00 |
|
10,000.00 |
2 Triburnham Place |
H |
|
|
15,000.00 |
|
15,000.00 |
20 Bond Avenue |
H |
|
|
20,000.00 |
|
20,000.00 |
Home Depot (East Bayfront) |
H |
|
|
50,000.00 |
|
50,000.00 |
Ajax Precision, Penn Drive |
H |
|
|
25,000.00 |
|
25,000.00 |
207 - 217 Roslin Avenue |
H |
|
|
15,000.00
estimate |
|
15,000.00 |
27 Marshlynn Drive |
C |
|
|
7,000.00 |
|
7,000.00 |
181 Finch Avenue |
H |
|
|
10,000.00 |
|
10,000.00 |
Burnhamthorpe Crescent
(Whittington Properties) |
P |
|
|
N/A |
|
N/A |
906 Sheppard Avenue |
P |
|
|
N/A |
|
N/A |
3725 Lakeshore Boulevard West |
H |
|
|
N/A |
|
N/A |
4800 Sheppard Avenue East |
P |
|
|
N/A |
|
N/A |
Total |
|
$290,479.79 |
$16,474.35 |
$295,000.00 |
$302,851.35 |
$187,000.00 |
1999 Amount Spent$302,851.35
1999 Amount Committed but not yet spent$187,000.00
__________
1999 Total Spent and Committed$489,851.35
Status
C - completed, settled, withdrawn
H - hearing date scheduled
P- hearing date pending
D - hearing completed, decision pending
* Amount invoiced but not yet paid, overexpenditure to be reported to Council for approval
** To date
*** Overexpenditure approved by Council
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