Item - 2023.CC8.11

City Council on July 19 and 20, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 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 and C to the report (July 4, 2023) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 4, 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 Appeal Number 2 (Calloway REIT (Etobicoke) Inc., and Calloway REIT (Etobicoke-Index) Inc.) of Official Plan Amendment 469 set out in Confidential Appendix B to the report (July 4, 2023) from the City Solicitor, and with the modifications substantially in accordance with Confidential Appendix A to the report (July 4, 2023) from the City Solicitor, and City Council direct the City Solicitor and other staff to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council accept the without prejudice offer to settle Appeal Number 3 (690 Evans Ave Dev Nominee Inc.) of Official Plan Amendment 469 set out in Confidential Appendix C to the report (July 4, 2023) from the City Solicitor and with the modifications substantially in accordance with Confidential Appendix A to to the report (July 4, 2023) from the City Solicitor, and City Council direct the City Solicitor and other staff to attend at the Ontario Land Tribunal in support of the settlement.

3. City Council authorize the City Solicitor and other appropriate staff to request the Ontario Land Tribunal to modify and partially approve non-policy text, policies and maps in Official Plan Amendment 469 substantially in accordance with Confidential Appendix A to the report (July 4, 2023) from the City Solicitor and to ensure that such modifications are appropriately reflected within the Official Plan Amendment 469 policies and maps in a manner satisfactory to the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed modifications to Official Plan Amendment 469, contained in Confidential Appendix A to the report (July 4, 2023) from the City Solicitor, including to any associated maps, as deemed necessary in the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning.

5. City Council authorize the City Solicitor and the Chief Planner and Executive Director, City Planning, to take any necessary steps to give effect to City Council's decision.

Confidential Appendices A, B, and C to the report (July 4, 2023) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 4, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.