Item - 2023.CC6.6

City Council on May 10, 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor.
 

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A, B, C, D and E to the report (April 27, 2023) from the City Solicitor at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

4. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Lily Cheng.

5. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Lily Cheng at the discretion of the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (April 27, 2023) from the City Solicitor, as amended by motion 1 by Councillor Lily Cheng, were adopted by City Council. The following confidential instructions to staff are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1. City Council authorize the City Solicitor to request the Ontario Land Tribunal to modify and partially approve Official Plan Amendment 560 substantially in accordance with Confidential Appendix A to the report (April 27, 2023) from the City Solicitor and in support of the settlement offers contained in Confidential Appendices B, C and D to the report (April 27, 2023) from the City Solicitor.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 560 contained in Confidential Appendix A to the report (April 27, 2023) from the City Solicitor, including any associated Maps contained within the Sheppard Willowdale Secondary Plan, as deemed necessary by and at the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning.

3. City Council direct the City Solicitor to remove the lands designated Mixed Use Areas owned by Appellant 4 (SheppBonn Ltd) from the Sheppard Willowdale Secondary Plan as part of Official Plan Amendment 560, only if in the opinion of the City Solicitor it would resolve the entirety of Appeal 4 and the Counsel for the Appellant provides confirmation to the City Solicitor in writing of same. 

4. City Council authorize the City Solicitor and appropriate staff to take such steps to give effect to the modifications and settlements.

Confidential Appendices A, B, C and D to the report (April 27, 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).

The balance of Confidential Attachment 1, including the balance of the confidential instructions to staff adopted by City Council, and Confidential Appendix E to the report (April 27, 2023) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation before the Ontario Land Tribunal and contain advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix E to the report (April 27, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.