Item - 2025.CC33.6

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 26, 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, B, C, D and E to the report (September 26, 2025) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that Confidential Attachment 1 to the report (September 26, 2025) 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 or communications that are subject to solicitor-client privilege.

Confidential Attachment 1 and Confidential Appendices A, B, C, D and E to the report (September 26, 2025) 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 or communications that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A, B, C, D and E to the report (September 26, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.

October 23, 2025

The confidential instructions to staff in Confidential Attachment 1 to the report (September 26, 2025) from the City Solicitor were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor’s discretion to make them public, as follows:

1. City Council accept the without prejudice settlement offer set out in Confidential Appendix A to the report (September 26, 2025) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings in Confidential Appendices B and C to the report (September 26, 2025) from the City Solicitor (together the "Settlement Offer") for the lands municipally known as 505 University Avenue, and subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City Staff to attend the Ontario Land Tribunal (the "Tribunal") hearing on this matter in support of the Settlement Offer for the lands municipally known as 505 University Avenue (the "Development Site").

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and Zoning By-law Amendment until such time as the Tribunal has been advised by the City Solicitor that:

a. the final form and content of the draft Official Plan Amendment substantially in accordance with the Confidential Appendix D to the report (September 26, 2025) from the City Solicitor, is satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the final form and content of the draft Zoning By-law Amendment generally in accordance with Confidential Appendix E to the report (September 26, 2025) from the City Solicitor, is satisfactory to the Executive Director, Development Review and the City Solicitor;

c. the owner has, at its sole expense:

i. provided a detailed Reconstruction and Commemoration Plan prepared by a qualified heritage consultant that is substantially in accordance with the reconstruction and commemoration strategy set out in the Heritage Impact Assessment dated August 22, 2025, prepared by GBCA Architects, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning;

ii. entered into a Heritage Easement Agreement with the City for the property at 505 University Avenue substantially in accordance with plans and drawings prepared by BDP Quadrangle Architects, dated June 12, 2025, and submitted in conjunction with the Heritage Impact Assessment, dated August 22, 2025 prepared by GBCA Architects, and in accordance with the Reconstruction and Commemoration Plan required in Part 3.c.i. above, to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning, including execution and registration of this agreement, to the satisfaction of the City Solicitor;

iii. submitted a revised Functional Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Director, Engineering Review;

iv. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Director, Engineering Review, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Director, Engineering Review;

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

vi. submitted an updated Transportation Impact Study or Addendum, and updated Parking and Loading Study or Addendum, to reflect revisions to site circulation, loading, parking and access for the development, to the satisfaction of the General Manager, Transportation Services;

vii. submitted a revised Travel Demand Management Plan acceptable to, and to the satisfaction of the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, and that matters arising from such study be satisfactorily addressed, and secured if required;

viii. submitted an updated Noise Study or Addendum, including any required third party peer review, to the satisfaction of the Executive Director, Development Review; and

ix. where a zoning provision is requested to be added to the Draft ZBA arising from Paragraph 7.e. of Confidential Appendix A to the report (September 26, 2025) from the City Solicitor, an updated View Corridor Analysis respecting the protected view of City Hall will be provided to the satisfaction of the Executive Director, Development Review and the Senior Manager, Heritage Planning, Urban Design, City Planning.

4. City Council authorize the City Solicitor and appropriate City staff to take any necessary steps to implement City Council's decision on this matter.

Confidential Appendices A, B, C, D and E to the report (September 26, 2025) 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 to the report (September 26, 2025) 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 contain advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (September 26, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.