Item - 2026.CC36.8

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 23, 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 and B to the report (January 23, 2026) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (January 23, 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 23, 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 22, 2026 set out in Confidential Appendix A to the report (January 23, 2026) from the City Solicitor 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 until the City Solicitor has advised that:

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

b. the final form of the Zoning By-law Amendment is to the satisfaction of the City Solicitor and the Executive Director, Development Review, which Amendment may include a Holding (H) provision that may include for its removal the following conditions:

i. the owner, at their sole cost and expense, has submitted a revised Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis to demonstrate that the existing sanitary 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; and

ii. if the Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis accepted and satisfactory from Part 2.b.i. above require any new municipal infrastructure or upgrades to existing municipal infrastructure to support the development, then either:

a. the owner has secured the design, construction, and provision of financial securities for any new municipal infrastructure, or any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis to support the development, in a financially secured agreement, all to the satisfaction of the Director, Engineering Review, Development Review; or

b. the required new municipal infrastructure or upgrades to existing municipal infrastructure to support the development in the accepted Functional Servicing and Stormwater Management Report and Sanitary Capacity Analysis in Part 2.b.ii.a. above are constructed and operational, all to the satisfaction to the Director, Engineering Review, Development Review;

iii. all necessary approvals or permits arising from Part 2.b.ii.a. or Part 2.b.ii.b. above are obtained, where required, all to the satisfaction to the Director, Engineering Review, Development Review; and

iv. the City has received, reviewed and accepted the updated Transportation Impact Study, to the satisfaction of the Executive Director, Transportation Review, Development Review;

c. the owner has arranged a site visit with City Planning staff to confirm existing conditions, including the number of rental dwelling units on the subject property;

d. the owner has entered into an agreement or provided a lawyer’s legal undertaking, or other documentation, to the City, to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning, to secure the required Tenant Relocation and Assistance Plan pertaining to the existing rental dwelling unit(s) proposed to be demolished;

e. the owner has satisfactorily addressed the Transportation Services and Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated September 19, 2024, and any outstanding issues arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Transportation Review, Development Review and Director, Engineering Review, Development Review;

f. the owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review, Memorandum dated September 17, 2024, or any outstanding issues raised by Urban Forestry arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan and Zoning By-law Amendment application, to the satisfaction of the Executive Director, Environment, Climate and Forestry;

g. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Executive Director, Development Review and the Chief Planner and Executive Director, City Planning;

h. the owner has provided a revised wind study including a wind tunnel test, with any with recommended mitigation measures secured in the Zoning By-law Amendment and through the Site Plan Control process, to the satisfaction of the Executive Director, City Planning; and

i. the owner has, at its sole cost and expense, facilitated the City undertaking a peer review of the submitted Noise and Vibration Assessment, and secured any recommended mitigation measures in the Zoning By-law Amendment, all to the satisfaction of the Executive Director, Development Review.

3.  In the event the Ontario Land Tribunal allows the appeal, in whole or in part, then:

a. City Council authorize that pursuant to Section 42 of the Planning Act, the entire parkland dedication requirement shall be satisfied through a payment of cash-in-lieu of parkland to the satisfaction of the Executive Director, Development Review;

b. City Council authorize that the Owner may propose encumbrances of de-stressed tiebacks, and temporary shoring associated with the installation of the tiebacks, if any, below grade of the portion of Benner Park located immediately east of the Site, if such encumbrances are deemed acceptable by the General Manager, Parks and Recreation, in consultation with the City Solicitor; such encumbrances will be subject to the payment of compensation to the City, in an amount as determined by the General Manager, Parks and Recreation and the Executive Director, Corporate Real Estate Management; the Owner shall provide the City with certification issued by a licensed engineer retained by the Applicant evidencing that the tiebacks located within Benner Park have been de-stressed and that the temporary shoring has been removed, all at their expense, prior to the issuance of the first above-grade building permit for the Site; and

c. City Council authorize the General Manager, Parks and Recreation to enter into the City's standard form agreements, with insurance, release and indemnity and associated compensation to the City (in an amount as determined by the General Manager, Parks and Recreation, and the Executive Director, Corporate Real Estate Management) and in favor of the City, for tieback installations, temporary shoring, and crane swings in respect of Benner Park located immediately east of the Site, if deemed appropriate by the General Manager, Parks and Recreation.

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

Confidential Appendices A and B to the report (January 23, 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 23, 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 23, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.