Item - 2023.CC5.20

City Council on March 29, 30 and 31, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege and litigation privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council confirm the actions of the City Solicitor in seeking party status before the Ontario Land Tribunal in the appeal of 36-48 Steeles Avenue East and 37­49 Highland Park Boulevard, in the City of Markham, and City Council direct the City Solicitor, together with City staff, to attend the Ontario Land Tribunal hearing to ensure that the City's interests are protected with respect to the Proposed Development as set out below:

a. adequately addresses the City of Toronto's concerns with the proposed widening of the Steeles Avenue East Right of Way to the satisfaction of the Chief Planner and Executive Director, City Planning; and

b. adequately addresses the City of Toronto's concerns regarding infrastructure capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, including the authority to enter into any necessary agreements to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and the City Solicitor.

2. City Council authorize the City Solicitor to oppose the Proposed Development in the event that the two issues listed above are not satisfied.

3. City Council authorize the City Solicitor to continue discussions with the applicant in an attempt to resolve outstanding issues.

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

The balance of Confidential Attachment 1 to the report (March 17, 2023) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and litigation privilege.