Item - 2023.CC12.7

City Council on November 8 and 9, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 9, 2023) from the City Solicitor, 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the supplementary report (November 9, 2023) from the City Solicitor. 

3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (November 9, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. 

4. City Council direct that Confidential Attachment 1 and Confidential Appendices A and B to the report (October 26, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 9, 2023) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated October 24, 2023 set out in Confidential Appendix A to the report (October 26, 2023) from the City Solicitor and the supplemental without prejudice offer to settle dated November 9, 2023 set out in Confidential Appendix A to the supplementary report (November 9, 2023) from the City Solicitor (together “the Settlement”), and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the final form and content of the draft Official Plan and Zoning By-laws are to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated December 7, 2022, and any outstanding issues arising from further technical review (including provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application to the satisfaction of the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Owner has submitted a revised Transportation Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services and that matters arising from such study be secured, if required;

d. the Owner has addressed all outstanding issues raised by Urban Forestry and Tree Protection and Plan Review as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks, Forestry and Recreation;

e. the Owner has delivered a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning;

f. the Owner has secured replacement of the existing rental housing, including the same number of units, bedroom type and size and with similar rents;

g. the Owner has secured an acceptable Tenant Relocation and Assistance Plan addressing the right for existing and former tenants to return to a replacement rental unit on the lands at similar rents, the provision of alternative accommodation at similar rents, and other assistance to lessen hardship, all to the satisfaction of the Chief Planner and Executive Director, City Planning;

h. City Council has approved the Rental Housing Demolition application (Application 21 226756 NNY 18 RH) under Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, which allows for the demolition of the sixty (60) existing rental dwelling units on the site, and the Owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council’s decision; and

i. the Owner has registered a Section 118 restriction on title, under the Land Titles Act, agreeing not to transfer or charge the Parkland without the consent of the City, which restriction may be released only upon the owner transferring the Parkland to the City, all to the satisfaction of the Chief Planner and Executive Director, City Planning or designate and the City Solicitor.

3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the supplementary report (November 9, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the supplementary report (November 9, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the supplementary report (November 9, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.

November 24, 2023

Confidential Appendices A and B to the report (October 26, 2023) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).

Confidential Attachment 1 to the report (October 26, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (October 26, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.