Back to 1998 By-laws index

        
Authority:     Etobicoke Community Council Report No. 9, Clause No. 16,
               as adopted by Council on October 1 and 2, 1998
Enacted by Council:  October 2, 1998     CITY OF TORONTO

                                       BY-LAW No. 650-1998

                                    A By-law to Validate Lands
                       Pursuant to Sections 50 and 57 of the Planning Act.

        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;

        Now, therefore, the Council of the City of Toronto HEREBY ENACTS as follows:

        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 Instrument 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 2nd day of  October, A.D. 1998.
CASE OOTES,                                                                NOVINA WONG,           
        Deputy Mayor                                                                    City Clerk
(Corporate Seal)

                               SCHEDULE  A  TO BY-LAW No. 650-1998
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. 650-1998
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.