Item - 2026.CC36.6

City Council on February 4, 2026, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 22, 2026) 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, B and C to the report (January 22, 2026) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 22, 2026) 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 (January 22, 2026) 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 January 20, 2026 set out in Confidential Appendix A to the report (January 22, 2026) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. Should the Ontario Land Tribunal allow the Appeals in whole or in part, City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold the issuance of its final Order on the Appeals pursuant to the following conditions:

a. the final form and content of the draft Official Plan Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor;

b. the final form and content of the draft Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor;

c. the owner at their sole cost and expense has:

i. submitted revised Functional Servicing, Stormwater Management, and Hydrogeological Reports, including a Foundation Drainage Report, ("Engineering Reports") for review and acceptance to the satisfaction of the Director, Engineering Review, in consultation with the General Manager, Toronto Water; the reports will determine whether the municipal water and fire flow, sanitary and storm sewer capacity can support the proposed development, taking into account other proposed development in vicinity to the Development, and whether upgrades or improvements of the existing municipal infrastructure are required;

ii. entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, to the satisfaction of the Executive Director, Development Review and the City Solicitor, should it be determined that upgrades are required to support the Proposed Development according to the accepted Engineering Reports and/or accepted Transportation Impact Study;

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 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;
 

d. confirmation is provided from the parties as to whether an agreement has been reached with respect to a Community Benefits Charge in-kind confirmation and whether revisions to the final Zoning By-law Amendment are required;

e. the Owners have submitted revised Compatibility Mitigation, Environmental Noise Feasibility and Railway Vibration Studies including peer review to the satisfaction of the Executive Director, Development Review;

f. the Owners have made revisions to meet the Toronto Green Standard requirements current as at the time of zoning application, if applicable, to the satisfaction of the Executive Director, Development Review;

g. the Owners have submitted a revised Pedestrian Level Wind Study to the satisfaction of the Executive Director, Development Review;

h. the Owners have submitted a revised Sun/Shadow Study to the satisfaction of the Executive Director, Development Review;

i. the Owners have submitted a revised Energy Strategy Report, to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review;

j. the Owners have submitted an Arborist Report, Landscape Plans and Tree Preservation Plan to the satisfaction of the Executive Director, Environment, Climate and Forestry;

k. the Owners have submitted a phasing plan to demonstrate the order in which the various phases of development would be delivered, to the satisfaction of the Executive Director, Development Review;

l. the Owners have submitted a revised Transportation Impact Study and Transportation Demand Management Plan to the satisfaction of the Executive Director, Development Review, in consultation with the General Manager, Transportation Services; and

m. the parties confirm that no changes are required to site or grading plans for the Proposed Development to ensure compatibility with the Davenport Road extension or proposed St. Clair widening.

3. City Council approve that in accordance with Section 42 of the Planning Act prior to the first above grade building permit for the last tower building of the proposed development (Buildings A, B, or C), the Owner shall convey to the City, an on-site parkland dedication, having a minimum size of 929 square metres, to the satisfaction of the Executive Director, Development Review and the City Solicitor.

4. City Council approve the acceptance of on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition.

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges, should the owner elect to design and construct Above Base Park Improvements to the satisfaction of the General Manager, Parks and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

6. City Council approve that prior to the issuance of the first above grade building permit for the development, the owner shall register a Section 118 Restriction, pursuant to the Land Titles Act against title to the parkland to be conveyed to the City, that prohibits the transfer or charge of the parkland without the prior written consent of the General Manager, Parks and Recreation, to the satisfaction of the City Solicitor.

7. City Council approve that prior to the issuance of the first above grade building permit for the development, the owner shall provide a Financial Security for the value of the parkland as appraised by the Executive Director, Corporate Real Estate Management and acceptable to the owner in a form satisfactory to the City, and such security shall not be released until the parkland has been conveyed to the City in a manner satisfactory to the General Manager, Parks and Recreation; from the date the Financial Security is first paid to the City until such time as the parkland is conveyed to the City, the Financial Security shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area, reported quarterly by Statistics Canada in Building Construction Price Indexes Publication 18-10-0135-01, or its successor, to the satisfaction of the General Manager, Parks and Recreation.

8. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendices A, B and C to the report (January 22, 2026) 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 (January 22, 2026) 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 (January 22, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.