Item - 2025.CC33.7
Tracking Status
- City Council adopted this item on October 8 and 9, 2025 without amendments.
CC33.7 - 1552, 1554, 1562, 1570 and 1572 Kingston Road - Ontario Land Tribunal Hearing - Request for Directions
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 20 - Scarborough Southwest
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 16, 2025) from the City Solicitor.
2. City Council authorize the public release of the confidential instruction to staff in Confidential Attachment 1 to the report (September 16, 2025) from the City Solicitor.
3. City Council direct that the balance of Confidential Attachment 1 to the report (September 16, 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 16, 2025) from the City Solicitor were adopted by City Council and are now public as follows:
1. City Council not accept the with prejudice offer to settle dated September 2, 2025, set out in Public Attachment 1 to the report (September 16, 2025) from the City Solicitor and direct the City Solicitor to continue to oppose the appeal at the Ontario Land Tribunal.
2. City Council instruct the City Solicitor to request that if the appeal is allowed in whole or in part, the Ontario Land Tribunal withhold its Order until the City Solicitor has advised that:
a. the final form and content of the Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor;
b. the owner submitted a revised Functional Servicing Report, Stormwater Management Report, Geotechnical Study and Hydrogeological Report, including the Foundation Drainage Report or addendums (“Engineering Reports”), to the satisfaction of the Director, Engineering Review;
c. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Director, Engineering Review;
d. the owner has submitted a revised Transportation Impact Study or addendum, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Director, Engineering Review and that such matters arising from such study, be secured if required;
e. the owner has submitted a revised Arborist Report or addendum, and Tree Protection Plan acceptable and satisfactory to the Executive Director, Environment, Climate and Forestry; and
f. the owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review.
3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.
The balance of Confidential Attachment 1 to the report (September 16, 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 16, 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-258663.pdf
Public Attachment 1 Part 1 - With Prejudice Settlement Offer and Architectural Plans from Kagan Shastri DeMelo Winer Park LLP, dated September 2, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-258664.pdf
Public Attachment 1 Part 2 - With Prejudice Settlement Offer and Architectural Plans from Kagan Shastri DeMelo Winer Park LLP, dated September 2, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-258665.pdf
Public Attachment 1 Part 3 - With Prejudice Settlement Offer and Architectural Plans from Kagan Shastri DeMelo Winer Park LLP, dated September 2, 2025
https://www.toronto.ca/legdocs/mmis/2025/cc/bgrd/backgroundfile-258666.pdf
Confidential Attachment 1 - Confidential Information