Item - 2025.DM28.1
Tracking Status
- City Council adopted this item on March 26 and 27, 2025 with amendments.
- See also 2025.MM29.17
DM28.1 - 40-60 St. Lawrence Avenue - Ontario Land Tribunal Hearing - Request for Directions
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 3 - Etobicoke - Lakeshore
City Council Decision
City Council on March 26 and 27, 2025, adopted the following:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (March 11, 2025) from the City Solicitor.
2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (March 11, 2025) from the City Solicitor.
3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (March 11, 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.
4. City Council direct that Confidential Attachment 1 to the report (January 23, 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.
5. City Council direct that Confidential Attachment 1 to the supplementary report (February 4, 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 supplementary report (March 11, 2025) from the City Solicitor were adopted by City Council and are now public as follows:
1. City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the Revised Plans filed by the applicant on January 2, 2025.
2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:
a. the final form and content of the Official Plan and Zoning By-law Amendments are satisfactory to the Executive Director, Development Review, and the City Solicitor;
b. the owner has submitted a Functional Servicing Report to determine the stormwater runoff, sanitary flow and water supply demand resulting from this development and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development, to the satisfaction of the Director, Engineering Review;
c. the owner has made satisfactory arrangements with Engineering Review and has entered into the appropriate agreement(s) with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the accepted Servicing Assessment Report accepted by the Director, Engineering Review;
d. the owner has addressed all outstanding issues identified in the Engineering Review correspondence dated September 13, 2023, to the satisfaction of the Director, Engineering Review;
e. the owner has provided a revised Transportation Impact Study to the satisfaction of the General Manager, Transportation Services;
f. the owner has submitted a revised Hydrological Assessment Report and Hydrological Review Summary Form, Servicing Report Groundwater Summary Form, and Foundation Drainage Summary Form to determine the quality and quantity of groundwater that may be required to be discharged to the City sewage works as a result of the proposed development and comply with Foundation Drainage Policy and guidelines to the satisfaction of the Director, Engineering Review and the General Manager, Toronto Water;
g. the owner has provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Executive Director, Development Review;
h. the submitted Compatibility and Mitigation Studies, including the Transportation Noise and Vibration Assessment, dated May 5, 2023, prepared by Gradient Wind Engineering Inc., and the Air Quality and Land Use Compatibility Assessment, dated May 5, 2023, prepared by Gradient Wind Engineering Inc. have been peer-reviewed by a third-party consultant retained by the City at the owner's expense, and the owner agrees to implement any necessary control measures and recommendations identified by the peer review, with the control measures to be secured through the Site Plan Control process, to the satisfaction of the Executive Director, Development Review;
i. the owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review, as they relate to the application, to the satisfaction of the Executive Director, Environment, Climate and Forestry; and
j. the owner and the City have made satisfactory arrangements to release the easement over the western portion of the site, more specifically described as Parts 13 and 14 on Plan 66R-29819.
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 (March 11, 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 (March 11, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.
Confidential Attachment 1 to the report (January 23, 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. Confidential Attachment 1 to the report (January 23, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.
Confidential Attachment 1 to the supplementary report (February 4, 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. Confidential Attachment 1 to the supplementary report (February 4, 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/dm/bgrd/backgroundfile-252947.pdf
Public Attachment 1 - With Prejudice Settlement Offer from Aird & Berlis LLP, dated January 22, 2025
https://www.toronto.ca/legdocs/mmis/2025/dm/bgrd/backgroundfile-252948.pdf
Public Attachment 2 - Further Revised Plans by Wallman Architects, dated January 17, 2025
https://www.toronto.ca/legdocs/mmis/2025/dm/bgrd/backgroundfile-252949.pdf
Confidential Attachment 1 - Confidential Information
(February 4, 2025) Supplementary Report from the City Solicitor on 40-60 St. Lawrence Avenue - Ontario Land Tribunal Hearing - Request for Directions - Supplementary Report (DM28.1a)
https://www.toronto.ca/legdocs/mmis/2025/dm/bgrd/backgroundfile-252951.pdf
Public Attachment 1 - Addendum With Prejudice Settlement Offer from Aird & Berlis LLP, dated February 4, 2025
https://www.toronto.ca/legdocs/mmis/2025/dm/bgrd/backgroundfile-252952.pdf
Confidential Attachment 1 - Confidential Information
(March 11, 2025) Supplementary report from the City Solicitor on 40-60 St. Lawrence Avenue - Ontario Land Tribunal Hearing - Update (DM28.1b)
https://www.toronto.ca/legdocs/mmis/2025/dm/bgrd/backgroundfile-253556.pdf
Confidential Attachment 1 - Confidential Information
Communications (City Council)
Motions (City Council)
That City Council adopt the following recommendations in the supplementary report (March 11, 2025) from the City Solicitor [DM28.1b]:
1. City Council delete the recommendations contained in the report (January 23, 2025) from the City Solicitor, and adopt the following instead:
1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.
2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council.
3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
4. City Council direct that Confidential Attachment 1 to the report (January 23, 2025) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.
5. City Council direct that Confidential Attachment 1 to the supplementary report (February 4, 2025) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.