Item - 2024.CC23.5

City Council on November 13 and 14, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) 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 and B to the report (October 31, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) 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 29, 2024 set out in Confidential Appendix A to the report (October 31, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement, to request that:

a. the Ontario Land Tribunal allow Appeal Number 4 (Cadillac Fairview Corporation Limited) of Official Plan Amendment 469, in part, in accordance with Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor; and

b. the Ontario Land Tribunal allow the appeal of the owner’s site-specific Official Plan Amendment Application, in part, in accordance with Confidential Appendices A and B to the report (October 31, 2024) from the City Solicitor.

2. City Council authorize the City Solicitor to ensure that the requested modifications are appropriately reflected within Official Plan Amendment 469, in a manner satisfactory to the Chief Planner and Executive Director, City Planning, the Executive Director, Development Review, and the City Solicitor, and that the modifications come into force and effect for the entirety of the lands at 25 The West Mall.

3. 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 B to the report (October 31, 2024) from the City Solicitor, including to any associated maps, as deemed necessary in the discretion of the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review.

4. City Council authorize the City Solicitor to take any necessary actions to implement City Council’s decision.

Confidential Appendices A and B to the report (October 31, 2024) 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 (October 31, 2024) 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 report (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.