Item - 2025.CC33.14

City Council on October 8 and 9, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2025) 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 (September 25, 2025) from the City Solicitor.

3. City Council direct that the balance of  Confidential Attachment 1 to the report (September 25, 2025) 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 (September 25, 2025) 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 September 24, 2025 set out in Confidential Appendix A to the report (September 25, 2025) from the City Solicitor, and settlement drawings set out in Confidential Appendix B to the report (September 25, 2025) from the City Solicitor (collectively, the "Settlement Offer"), and 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 zoning by-law amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor;

b. the Owner has, at its sole cost and expense:

i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Review Report, Hydrogeological Assessment Report, Servicing Report, Groundwater Summary Form, Foundation Drainage Summary Form, Hydrological Review Summary Form and Associated engineering plans (i.e., Servicing Plan, Grading Plan, Storm Tributary Plan, Sanitary Tributary Plan, Plan and Profiles) (the "Engineering Reports"), to determine the stormwater runoff, sanitary flow and water supply demand resulting from this Development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Director, Engineering Review;

ii. ensured the implementation of the accepted Engineering Reports does not require changes to the proposed amending By-laws or any such required changes have been made to the proposed amending By-laws, to the satisfaction of the Director, Engineering Review and the City Solicitor, including the use of a Holding ("H") By-law symbol regarding any new or upgrades to existing municipal servicing infrastructure as may be required;

iii. submitted a revised Transportation Impact Study or addendum, including a Transportation Demand Management Plan to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services, and that matters arising from such study, be secured if required;

iv. submitted a Pedestrian Level Wind Study – Wind Tunnel Study, including the identification of any required mitigation measures to be implemented and secured through the zoning by-law process to resolve wind safety exceedances and to improve pedestrian comfort, to the satisfaction of the Executive Director, Development Review;

v. submitted an Arborist Report, Tree Preservation and Inventory Plan, Soil Volume Plan (QL-A), Public Utilities Plans, Landscape Plan demonstrating sufficient soil volume for tree growth and Landscape Sections to the satisfaction of the Executive Director, Environment, Climate and Forestry;

vi. made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review; and

vii. provided a revised Energy Strategy Report, to the satisfaction of the Executive Director, Environment and Climate.

c. if the accepted Engineering Report(s) require(s) any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

i. the owner, at its sole cost and expense, has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Report(s), to support the development, in a financially secured agreement, to the satisfaction of the Director, Engineering Review; or

ii. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development according to the accepted Engineering Report(s), have been constructed and are operational, to the satisfaction of the Director, Engineering Review and the General Manager, Toronto Water.

3. City Council direct the City Solicitor to retain external professional consultants and to attend the Ontario Land Tribunal to oppose the settlement drawings in Confidential Appendix B to the report (September 25, 2025) from the City Solicitor in the event City Council refuse to accept the Settlement Offer.

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

Confidential Appendices A and B to the report (September 25, 2025) 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 (September 25, 2025) 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 (September 25, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.