Item - 2026.CC39.13

City Council on March 25 and 26, 2026, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the revised report (March 24, 2026) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the revised report (March 24, 2026) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the revised report (March 24, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

Confidential Attachment 1 and Confidential Appendix A to the revised report (March 24, 2026) remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the revised report (March 24, 2026) will be made public at the discretion of the City Solicitor.

April 7, 2026

The confidential instructions to staff in Confidential Attachment 1 to the report (March 24, 2026) 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 consent to the application made under subsection 42(1) of the Ontario Heritage Act and approve:

a. the alterations to, and erection of a new building or structure on, the designated heritage property at 46 Spadina Avenue in accordance with subsection 42(1)1 and 42(1)2 of the Ontario Heritage Act, with conditions to allow for the construction of a 29-storey mixed-use building at 46-58 Spadina Avenue and 378 Wellington Street West, with such alterations being substantially in accordance with the plans and drawings dated February 13, 2026, prepared by Wallman Architects Inc., and the Heritage Impact Assessment prepared by ERA Architects, dated July 22, 2022, as revised and amended on October 29, 2024 and February 13, 2026, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the conditions as set out below; and

b. the demolition of a non-contributing buildings/structures, and erection of a new building or structure, on the property at 46 Spadina Avenue (the two outbuildings) and 58 Spadina Avenue in accordance with subsection 42(1)4 and 42(1)2 of the Ontario Heritage Act, with conditions to allow for the construction of a 29-storey mixed-use building at 46-58 Spadina Avenue and 378 Wellington Street West with such approval being substantially in accordance with the plans and drawings dated February 13, 2026, prepared by Wallman Architects Inc., and the Heritage Impact Assessment prepared by ERA Architects, dated July 22, 2022, as revised and amended on October 29, 2024 and February 13, 2026, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the conditions as set out below.

2. City Council direct that its consent to the application made under subsection 42(1)1, 42(1)2 and 42(1)4 of the Ontario Heritage Act for the properties at 46 Spadina Avenue and 58 Spadina Avenue is also subject to the following conditions:

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

b. prior to any issuance of any Ontario Land Tribunal Order in connection with the Official Plan and Zoning By-law Amendment appeals for the property at 46-58 Spadina Avenue and 378 Wellington Street West, the Owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects, dated July 22, 2022, and as revised on October 29, 2024, and on February 13, 2026, which will be revised to illustrate the changes to the projecting balconies on the eastern and southern elevations increasing the height in which they start to at least 17.0 metres, all to the satisfaction of the Senior Manager, Heritage Planning;

c. prior to the issuance of any permit for all or any part of the properties at 46 Spadina Avenue, 58 Spadina Avenue, and 378 Wellington 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 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 Plan to the satisfaction of the Senior Manager, Heritage Planning;

2. provide an Interpretation Plan for the subject properties, 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 for the subject properties to the satisfaction of the Senior Manager, Heritage Planning;

4. 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

5. 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 Interpretation Plan; and

d. prior to the release of the Letter of Credit required in Part 2.c.5. above, the Owner shall 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 Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

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

The balance of Confidential Attachment 1 and Confidential Appendix A to the report (March 24, 2026) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain 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 and Confidential Appendix A to the report (March 24, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.