Item - 2025.CC34.5

City Council on November 12 and 13, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2025) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 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 (October 31, 2025) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice settlement offer dated October 17, 2025, set out in Public Appendices A and B to the report (October 31, 2025) from the City Solicitor (the architectural plans and drawings) (together 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 on the Zoning By-law Amendment and the Official Plan Amendment applications until the City Solicitor has advised that:

a. the final form and content of the Zoning By-law Amendment and the Official Plan Amendment are satisfactory to the Executive Director, Development Review, and the City Solicitor, in consultation with other appropriate divisions;

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

i. submitted a revised Functional Services and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Director, Engineering Review, Development Review, in consultation with the General Manager, Toronto Water;

ii. 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, Development Review and the General Manager, Toronto Water, 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, Development Review and the General Manager, Toronto Water unless otherwise secured through a holding provision in the By-law;

iii. 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, Director, Engineering Review, Development Review and the City Solicitor, including the use of a Holding ("H") symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;
 

iv. addressed all outstanding issues raised by Development Engineering in the memo dated May 21, 2024, as they relate to the Zoning By-law Amendment application to the satisfaction of the Director, Engineering Review, Development Review; and

v. conducted a survey with the existing tenants at 1603 Bathurst Street to engage tenants in the appropriate identification of improvements and/or renovations to the existing building and amenities to the satisfaction of the Executive Director, Development Review.

c. City Council has approved the Rental Housing Demolition Application (22 148358 STE 12 RH) in accordance with Chapter 667 of the Toronto Municipal Code pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the nine (9) existing rental dwelling units at 1601 Bathurst Street, and the owner has entered into, and registered on title to the lands, one or more agreements with the City, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor, securing all rental housing-related matters necessary to implement City Council's decision including:

i. replacement of the existing nine (9) rental housing units, including the same number of units, bedroom type and size and with similar rents; and

ii. an acceptable Tenant Assistance Plan addressing the right for existing tenants to return to a replacement rental unit.

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 (October 31, 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 (October 31, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.