Item - 2025.CC35.8

City Council on December 16 and 17, 2025, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 2, 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 (December 2, 2025) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (December 2, 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 (December 2, 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 November 26, 2025, set out in Confidential Appendix A to the report (December 2, 2025) from the City Solicitor and the revised plans dated November 18, 2025, set out in Confidential Appendix B to the report (December 2, 2025) from the City Solicitor (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 application until the City Solicitor has advised that:

a. the final form and content of the Zoning By-law Amendment is to the satisfaction of 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 Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to demonstrate that the existing sewer system and watermain and any required improvements to them, have adequate capacity and supply to accommodate the development of the lands, 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;

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, the Director, Engineering Review, Development Review, and the City Solicitor, 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; and

iv. entered into, and registered on title to the lands, limiting distance agreements with each of the neighbouring property owners to the immediate west and east fronting on Adelaide Street East, to which the City will be a party, to the satisfaction of the Executive Director, Development Review, and the City Solicitor that ensure the respective setbacks and separation distances shown on Confidential Appendix B to the report (December 2, 2025) from the City Solicitor.

3. 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 (December 2, 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 (December 2, 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 (December 2, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.