Item - 2025.CC33.17
Tracking Status
- City Council adopted this item on October 8 and 9, 2025 without amendments and without debate.
CC33.17 - 1160 Birchmount Road, Unit 4 - Toronto Local Appeal Body Hearing - Request for Directions
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 21 - Scarborough Centre
City Council Decision
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 Appendix A 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 23, 2025 set out in Confidential Appendix A to the report (September 25, 2025) from the City Solicitor and direct the City Solicitor to attend at the Toronto Local Appeal Body, with appropriate City staff, in support of the settlement.
2. City Council direct the City Solicitor to request the applicant provide a Transportation Impact Study, to the satisfaction of the Executive Director, Development Review, prior to attending at the Toronto Local Appeal Body in support of the settlement.
3. City Council direct the City Solicitor to request the Toronto Local Appeal Body to impose the following condition on the minor variance decision, in accordance with the offer to settle:
a. the proposed recreation use shall be permitted for a period of three years, beginning on the date of the issuance of the Toronto Local Appeal Body decision.
4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.
Confidential Appendix A to the report (September 25, 2025) from the City Solicitor is 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.
Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-258868.pdf
Public Attachment 1 - Committee of Adjustment Decision issued on March 17, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-258869.pdf
Public Attachment 2 - Staff Report to the Committee of Adjustment dated November 4, 2024
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-258870.pdf
Public Attachment 3 - Staff Report to the Committee of Adjustment dated March 3, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-258871.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on October 14, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-258873.pdf