City of Toronto - Ontario Municipal Board Decision Involving

Cantron Industries Limited. OMB File No. PL971249

The Etobicoke Community Council recommends the adoption of the following report (April 6, 1998) from the City Solicitor:

Purpose:

The purpose of this report is to advise concerning the service of a Notice of Motion for leave to Appeal the decision of the Ontario Municipal Board approving a proposed plan of subdivision submitted by Rattling Chain Investments Inc. (ARattling Chain@).

Funding Sources, Financial Implications and Impact Statement:

There are no funding requirements nor financial implications associated with this matter.

Recommendation:

That the City Solicitor be authorized to appear in response to the Notice of Motion for leave in order to support the decision issued by the Ontario Municipal Board.

Council Reference/Background/History:

The background related to this matter is set out in our reports to you dated February 24, 1998 and March 27, 1998.

Comments and/or Discussion and/or Justification:

In our last report to you we advised that a decision had been issued by the Ontario Municipal Board approving a proposed plan of subdivision submitted to the municipality by Rattling Chain Investments Inc. We also indicated that this decision would be final subject to the right of the appellant (Cantron Industries Limited) to seek leave to appeal this decision to the Divisional Court, on a question of law.

Subsequent to the submission of our report we were served with a Notice of Motion for leave to by the solicitors for Cantron. Pursuant to the Motion the solicitors for Cantron allege that the Board made various errors in its findings made on the evidence presented during the course of the hearing. It is our opinion that none of the errors relied on in support of the Motion for leave have merit.

The effect of the leave application is to delay the coming into force of the Municipal Board Order required for approval of the subdivision plan. Counsel for the Joint Venture Group (Humber College/Management Board Secretariat) and the developer (Rattling Chain) have advised that they will respond in the court to the Motion and request the court not to grant leave to Cantron to appeal the Municipal Board decision.

Conclusions:

We believe that it would be in the interest of the municipality to support the position of the other respondents that leave to appeal this decision of the Ontario Municipal Board should not be granted to Cantron. Therefore we would request your authorization to file responding materials on behalf of the municipality and to appear in court in support of the approval of the Municipal Board decision as issued.

Contact:

Bruce C. Ketcheson, Reble, Ritchie, Green & Ketcheson, Solicitors

Tel: (416) 622-6601, Fax: (416) 622-4713