Item - 2025.DM33.1

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 (July 3, 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 (July 3, 2025) from the City Solicitor at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 3, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

Confidential Attachment 1 to the report (July 3, 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 contains advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 3, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.

November 18, 2025

The confidential instructions to staff in Confidential Attachment 1 to the report (July 3, 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 direct the City Solicitor to request the Ontario Land Tribunal to allow the owner's appeals of City Council's refusal to issue permits in part, under subsection 33(9) and 34.1(1) of the Ontario Heritage Act, and approve:

a. the alterations to the designated heritage property at 1117 Queen Street West in accordance with Section 33 of the Ontario Heritage Act to allow for the construction of a new mixed-use building, illustrated on the plans and drawings prepared by Giannone Petricone Associates, dated May 15, 2025, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated September 26, 2023, and Heritage Impact Assessment Addendum prepared by ERA Architects Inc., dated May 15, 2025, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below; and

b. the removal of heritage attributes at the designated heritage property at 1117 Queen Street West in accordance with Section 34(1)1 of the Ontario Heritage Act to allow for the construction of a new mixed-use building in conjunction with an appeal to the Ontario Land Tribunal, illustrated on the plans and drawings prepared Giannone Petricone Associates, dated May 15, 2025, submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated September 26, 2023, and Heritage Impact Assessment Addendum prepared by ERA Architects Inc., dated May 15, 2025, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with a Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below.

2. City Council direct the City Solicitor to request that any order of the Ontario Land Tribunal directing the Council's consent of the application to alter the heritage property at 1117 Queen Street West Part IV, Section 33 of the Ontario Heritage Act and Council's consent to the removal of the specified heritage attributes on the heritage property at 1117 Queen Street West under Part IV, Subsection 34(1)1 of the Ontario Heritage Act be subject to the following conditions:

a. that the related Official Plan Zoning By-law Amendments have come into full force and effect;

b. prior to the issuance of an Ontario Land Tribunal order in connection with the Official Plan Amendment and Zoning By-law Amendment appeals for the property at 1117 Queen Street West, the owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant, which is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment for 1117 Queen Street West prepared by ERA Architects Inc., dated September 26, 2023, and the Heritage Impact Assessment Addendum prepared by ERA Architects Inc., dated May 15, 2025 (including the curved design of the addition), and which details all future conservation efforts as part of this application, all to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to the issuance of an Ontario Land Tribunal order in connection with the Official Plan Amendment and Zoning By-law Amendment appeals for the property at 1117 Queen Street West, the owner shall enter into a Heritage Easement Agreement with the City for the property at 1117 Queen Street West in accordance with the plans and drawings prepared by Giannone Petricone Associates, dated May 15, 2025 (including the curved design of the addition), submitted with the Heritage Impact Assessment prepared by ERA Architects Inc., dated September 26, 2023, and the Heritage Impact Assessment Addendum prepared by ERA Architects Inc., dated May 15, 2025, and in accordance with the Conservation Plan required in Part 2.b. above to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of this agreement, to the satisfaction of the City Solicitor;

d. prior to the issuance of any permit for all or any part of the property at 1117 Queen Street West, including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building, as are acceptable to the Senior Manager, Heritage Planning, the owner of the subject property shall:

1. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning;

2. provide an Interpretation Plan for the subject property, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning;

3.  submit a Signage Plan to the satisfaction of the Senior Manager, Heritage Planning;

4. provide a detailed Landscape Plan for the subject properties, satisfactory to the Senior Manager, Heritage Planning;

5. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.b. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and

6. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan and the approved Interpretation Plan;

e.  prior to the release of the Letter of Credit required in Part 2.d.6 above, the owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant, confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning; and

2. provide replacement Heritage Easement Agreement photographs to the satisfaction of the Senior Manager, Heritage Planning.

3. City Council authorize the City Solicitor to introduce the necessary bill, authorizing the entering into of a Heritage Easement Agreement for the property at 1117 Queen Street West.

4. City Council authorize the City Solicitor and City staff to take all necessary actions to implement City Council's decision.

The balance of Confidential Attachment 1 to the report (July 3, 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 contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (July 3, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.