Item - 2025.DM35.1
Tracking Status
- City Council adopted this item on December 16 and 17, 2025 with amendments.
DM35.1 - 847-855 Kingston Road - Ontario Land Tribunal Hearing - Request for Directions
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 19 - Beaches - East York
Caution: Preliminary decisions, motions and votes are shown below. Any decisions, motions or votes should not be considered final until the meeting is complete, and the decisions for this meeting have been confirmed.
City Council Decision
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 supplementary report (December 11, 2025) from the City Solicitor, as amended by motion 1b by Councillor Dianne Saxe and motion 2a by Councillor Brad Bradford.
2. City Council direct the Deputy City Manager, Community Development and Social Services, and the Executive Director, Development Review, to consult with the local Indigenous community and Indigenous stakeholders on this proposal and the Glen Stewart ravine.
3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 11, 2025) from the City Solicitor, as amended by motion 1b by Councillor Dianne Saxe and motion 2a by Councillor Brad Bradford, and Confidential Appendices A and B to the supplementary report (December 11, 2025) from the City Solicitor.
4. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (December 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.
5. City Council direct that Confidential Attachment 1 and Confidential Appendices A and B to the report (October 31, 2025) from the City Solicitor remain confidential as they contain advice that is subject to solicitor-client privilege.
The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 11, 2025) from the City Solicitor, as amended by motion 1b by Councillor Dianne Saxe and motion 2a by Councillor Brad Bradford, were adopted by City Council and are now public as follows:
1. City Council accept the without prejudice offer to settle dated October 22, 2025, as amended by the e-mail correspondence from Mark Flowers to the City Solicitor, dated November 13, 2025, set out in Confidential Appendix A to the supplementary report (December 11, 2025) from the City Solicitor and the revised plans dated October 17, 2025, set out in Confidential Appendix B to the supplementary report (December 11, 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 and Official Plan Amendment applications until the City Solicitor has advised that:
a. the final form and content of the Zoning By-law Amendment and Official Plan Amendment are 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. provided a revised Natural Heritage Impact Study, including describing and illustrating necessary buffers/setbacks and proposed enhancement/re-naturalization with a dense mix of native, non-invasive trees and shrubs, to the satisfaction of the Chief Planner and Executive Director, City Planning;
ii. provided a Ravine Stewardship Plan for the setback, buffer and feature areas located within the property boundary and/or within the lands to be conveyed into public ownership, including illustrating the proposed enhancement/re-naturalization with a dense mix of native, non-invasive trees and shrubs, to the satisfaction of the Chief Planner and Executive Director, City Planning;
iii. provided a revised Landscape Plan to the satisfaction of the Chief Planner and Executive Director, City Planning;
iv. provided a revised Public Utility Plan, including Quality Level A data to determine and confirm the location of utilities and tree planting to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Environment, Climate and Forestry;
v. provided a revised Pedestrian Level Wind Study, including a Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning;
vi. provided a revised Toronto Green Standard Checklist and Statistics, to the satisfaction of the Chief Planner and Executive Director, City Planning;
vii. provided a revised Arborist Report and Tree Protection Plan, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Environment, Climate and Forestry;
viii. submitted a revised Functional Servicing and Stormwater Management Report and a revised Hydrogeological Review, ("Engineering Reports") to the satisfaction of the Director, Engineering Review, Development Review, in consultation with the General Manager, Toronto Water, who will, in the course of his review of the matter, give consideration to the sensitivity of the creek in the Glen Stewart Ravine;
ix. secured the design and 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;
x. 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") symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;
xi. addressed all outstanding issues raised by Development Engineering in the memo dated March 17, 2023, as they relate to the Zoning By-law Amendment application to the satisfaction of the Director, Engineering Review, Development Review;
xii. provided a Methane Gas Study and Report to the satisfaction of the General Manager, Solid Waste Management Services; and
xiii. registered or authorized the City to register a section 118 restriction, pursuant to section 118 of the Land Titles Act, on title to the subject lands, to be limited to a restriction on the transfer of the subject lands, to the satisfaction of the Executive Director, Development Review and the City Solicitor, in consultation with the Executive Director, Environment, Climate and Forestry and the General Manager, Parks and Recreation, with such restriction to be released upon the Owner’s completion of the requirements in term 6 of Confidential Appendix A to the supplementary report (December 11, 2025) from the City Solicitor.
3. City Council request the applicant, in consultation with the Ward Councillor, to commit to the following measures in addition to the implementation of the standard City of Toronto Construction Management Plan, to the satisfaction of the Chief Building Official and Executive Director, Toronto Building, the Executive Director, Development Review, the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services, including but not be limited to the following:
a. establish a Construction Liaison Committee made up of local residents and businesses, including a representative of the Friends of Glen Stewart Ravine, to the satisfaction of the local Councillor; the Committee is to meet bi-weekly at the beginning of construction; and notes from the meetings are to be shared with the members and the Councillor’s office in a timely way following each meeting;
b. sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;
c. pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more frequently as needed to be cleared of any construction debris and made safe;
d. ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and night;
e. consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;
f. install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;
g. post a 24 hours a day/7 days a week contact number for the site superintendent on the construction hoarding;
h. create a publicly accessible website with regular construction updates and post the website address on the subject site; and
i. include a minimum of 75 percent of advertisement surface area on the construction hoarding to be allocated to artwork at their sole cost, in collaboration with the Steps Initiative and to the satisfaction of the Ward Councillor.
4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.
Confidential Appendices A and B to the supplementary report (December 11, 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 supplementary report (December 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 supplementary report (December 11, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.
Confidential Attachment 1 and Confidential Appendices A and B to the report (October 31, 2025) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege.
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-260292.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information
Confidential Appendix B - Confidential Information
(December 11, 2025) Supplementary report from the City Solicitor on 847-855 Kingston Road - Ontario Land Tribunal Hearing - Request for Directions (DM35.1a)
https://www.toronto.ca/legdocs/mmis/2025/dm/bgrd/backgroundfile-261088.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on December 19, 2025
https://www.toronto.ca/legdocs/mmis/2025/dm/bgrd/backgroundfile-261090.pdf
Confidential Appendix B - Confidential Information - made public on December 19, 2025
https://www.toronto.ca/legdocs/mmis/2025/dm/bgrd/backgroundfile-261091.pdf
Confidential Attachment 1 to motion 2a by Councillor Brad Bradford
Confidential Attachment 1 to motion 1b by Councillor Dianne Saxe
Communications (City Council)
(November 6, 2025) E-mail from Stephanie Buosi (DM.Supp)
(November 6, 2025) E-mail from Cherie Daly (DM.Supp)
(November 6, 2025) E-mail from Michael Loughry (DM.Supp)
(November 6, 2025) E-mail from Gregory Joseph Bogdan (DM.Supp)
(November 6, 2025) E-mail from Ginnie Venslovaitis (DM.Supp)
(November 6, 2025) E-mail from Vibeke Prip (DM.Supp)
(November 6, 2025) E-mail from Heather Love (DM.Supp)
(November 6, 2025) E-mail from Shannon Blair (DM.Supp)
(November 6, 2025) E-mail from Angelica Bennett (DM.Supp)
(November 6, 2025) E-mail from June Shoji (DM.Supp)
(November 6, 2025) E-mail from Imogen Haworth (DM.Supp)
(November 6, 2025) E-mail from Iryna Kukhta (DM.Supp)
(November 6, 2025) E-mail from Catherine Phillips (DM.Supp)
(November 6, 2025) E-mail from Cindy Palmer (DM.Supp)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-198143.pdf
(November 6, 2025) E-mail from Liz Allemang (DM.Supp)
(November 6, 2025) E-mail from Hailee Morrow (DM.Supp)
(November 6, 2025) E-mail from Declan McIntosh (DM.Supp)
(November 6, 2025) E-mail from Sheridan Nolan (DM.Supp)
(November 6, 2025) E-mail from Caroline Frappier (DM.Supp)
(November 6, 2025) E-mail from Floyd Ruskin (DM.Supp)
(November 7, 2025) E-mail from Jennifer Murray (DM.Supp)
(November 7, 2025) E-mail from John Carley (DM.Supp)
(November 6, 2025) Multiple Communications from 618 Individuals (from November 6 to November 13, 2025) (DM.Supp)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-198130.pdf
(November 8, 2025) E-mail from Ron Parkinson (DM.Supp)
(November 9, 2025) E-mail from Salimah Nasser (DM.Supp)
(November 10, 2025) Letter from Sheila Dunn (DM.Supp)
(November 10, 2025) Letter from John Bossons, Co-Chair and Tim Ross, Co-Chair, Midtown Ravines Group (DM.Supp)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-198131.pdf
(November 10, 2025) E-mail from Lynn Miller (DM.Supp)
(November 10, 2025) Submission from Jennifer Pilkington, Protect Our Ravines Initiative (DM.Supp)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-198133.pdf
(November 10, 2025) Submission from Mike Genin, Cherie Daly, Sheila Dunn, and Jennifer Pilkington, on behalf of Protect Our Ravines Initiative (DM.New)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-198139.pdf
(November 12, 2025) Letter from Lenka Holubec, ProtectNatureTO (DM.New)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-198119.pdf
(November 11, 2025) E-mail from Tannys Williams (DM.New)
(November 11, 2025) E-mail from Julie Groening (DM.New)
(November 11, 2025) E-mail from Joseph McCole and family (DM.New)
(November 11, 2025) E-mail from Rick Knudsen (DM.New)
(November 12, 2025) E-mail from Nicole Corrado (DM.New)
(November 12, 2025) E-mail from Karen Seymour (DM.New)
(November 13, 2025) E-mail from Brian Graff (DM.New)
(November 6, 2025) Multiple Communications from 771 Individuals (from November 13 to December 16, 2025) (DM.Main)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-199161.pdf
(December 2, 2025) E-mail from Marsha Reid (DM.Main)
(December 6, 2025) E-mail from Lauren Souch (DM.Main)
(December 11, 2025) E-mail from Michael Genin (DM.Supp)
(December 11, 2025) E-mail from Katherine Vice (DM.Supp)
(December 11, 2025) Multiple Communications from 61 Individuals (from November 11 to December 15, 2025) (DM.Supp)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-200949.pdf
(December 15, 2025) E-mail from Freddy Louttit (DM.New)
(December 15, 2025) E-mail from Angel Wolfe-Hartikainen (DM.New)
(December 15, 2025) E-mail from Lindy Buzwah (DM.New)
(December 15, 2025) E-mail from Flowmar Attia (DM.New)
(December 15, 2025) E-mail from Brad Ortiz (DM.New)
(December 15, 2025) E-mail from Edward Johnson (DM.Supp)
(December 15, 2025) E-mail from Melvin Pine (DM.New)
(December 15, 2025) E-mail from Alison Booz (DM.New)
(December 16, 2025) E-mail from Nicole Corrado (DM.New)
(December 15, 2025) E-mail from Pearl Ortiz (DM.New)
(December 16, 2025) E-mail from Edward Johnson (DM.New)
(December 16, 2025) Letter from Melvin Pine (DM.New)
(December 16, 2025) E-mail from Lindy Buzwah, Member, Birch Island First Nation (DM.New)
https://www.toronto.ca/legdocs/mmis/2025/dm/comm/communicationfile-201512.pdf
(December 16, 2025) E-mail from Cherie Daly (DM.New)
(December 16, 2025) E-mail from Pearl Ortiz (DM.New)
(December 16, 2025) E-mail from Brad Ortiz (DM.New)
(December 16, 2025) E-mail from Jennie Worden (DM.New)
(December 17, 2025) E-mail from Judith Whelpton (DM.New)
Motions (City Council)
That City Council adopt the following recommendations in the supplementary report (December 11, 2025) from the City Solicitor [DM35.1a]:
1. City Council delete the recommendations in the report (October 31, 2025) from the City Solicitor and adopt instead the following:
1. City Council adopt the recommendations contained in Confidential Attachment 1 to this supplementary report from the City Solicitor.
2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, and the entirety of Confidential Appendix A and Confidential Appendix B to this supplementary 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 supplementary 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 and Confidential Appendices A and B to the report dated October 31, 2025 from the City Solicitor remain confidential as they contain advice which is subject to solicitor-client privilege.
Vote (Amend Item) Dec-17-2025 4:59 PM
| Result: Carried | Majority Required - DM35.1 - Saxe - motion 1a |
|---|---|
| Total members that voted Yes: 17 | Members that voted Yes are Paul Ainslie, Alejandra Bravo, Jon Burnside, Lily Cheng, Rachel Chernos Lin, Olivia Chow, Vincent Crisanti, Parthi Kandavel, Ausma Malik, Nick Mantas, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Michael Thompson |
| Total members that voted No: 6 | Members that voted No are Brad Bradford, Mike Colle, Paula Fletcher, Stephen Holyday, Josh Matlow, Neethan Shan |
| Total members that were Absent: 3 | Members that were absent are Shelley Carroll, Anthony Perruzza, Dianne Saxe |
That:
1. City Council amend the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 11, 2025) from the City Solicitor in accordance with Confidential Attachment 1 to this motion.
2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to this motion, if adopted by City Council.
Vote (Amend Item) Dec-17-2025 5:00 PM
| Result: Carried | Majority Required - DM35.1 - Saxe - motion 1b |
|---|---|
| Total members that voted Yes: 21 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Rachel Chernos Lin, Olivia Chow, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Neethan Shan, Michael Thompson |
| Total members that voted No: 1 | Members that voted No are Mike Colle |
| Total members that were Absent: 4 | Members that were absent are Shelley Carroll, Paula Fletcher, Anthony Perruzza, Dianne Saxe |
That:
1. City Council adopt the confidential instructions to staff in the Confidential Attachment to this motion.
2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to this motion, if adopted by City Council.
Vote (Amend Item (Additional)) Dec-17-2025 5:01 PM
| Result: Carried | Majority Required - DM35.1 - Bradford - motion 2a |
|---|---|
| Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Rachel Chernos Lin, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Neethan Shan, Michael Thompson |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 4 | Members that were absent are Shelley Carroll, Paula Fletcher, Anthony Perruzza, Dianne Saxe |
That:
1. City Council direct the Deputy City Manager, Community Development and Social Services, and the Executive Director, Development Review, to consult with the local Indigenous community and Indigenous stakeholders on this proposal and the Glen Stewart ravine.
Vote (Amend Item (Additional)) Dec-17-2025 5:02 PM
| Result: Carried | Majority Required - DM35.1 - Bradford - motion 2b |
|---|---|
| Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Rachel Chernos Lin, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Neethan Shan, Michael Thompson |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 4 | Members that were absent are Shelley Carroll, Paula Fletcher, Anthony Perruzza, Dianne Saxe |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item DM35.1.