Councillors seek answers on tribunal settlements

Solicitor-client privilege limits public discussion, city lawyer says

City councillors are asking staff for a public explanation of how settlements are reached on development disputes that are being adjudicated by the Ontario Land Tribunal (OLT).

The request comes as a proposed deal between the city and New Horizon Development Group averted five days of OLT hearings on a contentious plan for three residential towers near the lakeshore in Stoney Creek.

In a letter to the Jan. 31 planning committee meeting, Lakewood Beach Community Council, which opposed the 310 Frances Ave. development and had been given formal party status at the hearings, said it was “deeply dismayed” by the settlement.

The letter posed three questions: Who has the city’s delegated authority to reach a settlement? Who should have that authority? Should the community council have been made aware of settlement talks?

Coun. Jeff Beattie, who represents the area, told staff he recognizes there’s a fine line on what can be disclosed publicly, but he’d like to be able to tell residents how the process works.

City lawyer Patrick MacDonald, who is representing the city on the residential towers dispute, said all three questions could only be answered in private session because they touch on litigation and potential settlement.

He said the same would be true even for general questions about how the city reaches such deals because they are tied to legal instructions and solicitorclient privilege.

Beattie said he struggled with the secrecy, given the number of contentious projects that are headed to the land tribunal.

“I’m just trying to understand what the average, plain-speak answer would be if a person on the street were to ask a question pertaining to an OLT appeal,” he said.

“It doesn’t seem practical that we would have to seek legal advice every time we were asked that question and then go into (private session) to have that conversation.”

Jason Thorne, general manager of planning and economic development, said he would work the city’s legal department to try to provide a generic overview on the settlement process.