Yonge Dundas Redevelopment Project

- Joint Board Order (Downtown - Ward 24)

The Strategic Policies and Priorities Committee recommends the adoption of the following report (December 11, 1998) from the City Solicitor subject to amending Recommendation No. (1) to indicate that the funding be provided from Account No. 216692:

Purpose:

To obtain Council authority to pay the costs award made by the Joint Board (Ontario Municipal Board and Board of Inquiry) in connection with the proceedings held before the Joint Board for expropriation and planning approvals required to implement the Yonge Dundas Redevelopment Project.

Funding Sources, Financial Implications and Impact Statement:

Funding for the costs award, in an amount not to exceed $850,000.00 including G.S.T., is included in the previously approved overall project funding Account No. 216692.

Recommendations:

It is recommended that:

(1)authority be granted to make payment of the costs award made by the Joint Board; and

(2)the appropriate City officials be authorized and directed to take the steps necessary to give effect to the foregoing.

Council Reference/Background/History:

At its meeting held on July 8, 9, and 10, 1998, Council amended and adopted Clause No. 26 of Report No. 10 of the Strategic Policies and Priorities Committee, and thereby endorsed its commitment to proceed with the Yonge Dundas Redevelopment Project. Among the recommendations adopted at that time were endorsement of Project funding provisions. At the time of that report, the Joint Board had issued its decision approving the Project, with certain conditions which were described in the report. The Board reserved any decision as to costs. Subsequently, the conditions were fulfilled and the Order implementing the Board's decision was issued. On October 14 and 15, 1998, the Board heard arguments as to costs from the participants in the proceedings and on November 26, 1998, the Board issued its decision on costs and an Order.

Comments and/or Discussion and/or Justification:

The Board awarded the participants in the hearing against the City 50 percent of their costs of the hearing. With respect to two motions, one before the hearing and the other being the costs motion, the Board fixed the costs of the participants and ordered that the City pay those costs. In granting these awards, the Board did not provide the participants with the total costs they requested.

In its decision the Board stated:

"...the Board found that the public interest was well served by the public process and ultimately by the approval of the entire Yonge/Dundas scheme as a package. The matter is so unique that it...should not be read as being punitive against the City.

The City should consider the cost awarded as a cost of doing business. In the Board's view, good business practice entails the spending of considerable sums in order that all approvals are in place...

The cost award to be granted is a small price to pay...and is relatively minor in relation to the overall cost of the entire Yonge/Dundas scheme."

In total, the amounts awarded for costs to be paid under the Board Order are $850,000.00 including G.S.T. The Board directed that the amounts be paid by the City forthwith.

Conclusions:

The City has achieved a good result in the Joint Board Order which approved the Yonge/Dundas Redevelopment Project, and is proceeding to implement the Project. The cost award, while not insignificant, is, as the Board stated, a cost of doing business before the Joint Board. The City must comply with the order. Therefore, authority should be granted to pay the costs awarded from the Project funding.

Contact Name:

Barbara A. Cappell, Solicitor: 397-4055, Fax 392-3848