Item - 2026.CC39.8

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 report (March 10, 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 report (March 10, 2026) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 10, 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 (March 10, 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 February 24, 2026 set out in Confidential Appendix A to the report (March 10, 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 on the Official Plan Amendment Zoning By-law Amendment until such time as the Ontario Land Tribunal has been advised by the City Solicitor that:

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 applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the determination of whether holding provisions are required in the Zoning By-law Amendment;

d. the applicant has addressed all outstanding issues raised by Development Engineering as they relate to the Zoning By-law Amendment application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

e. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning By-law Amendment Application, to the satisfaction of the Supervisor, Tree Protection and Plan Review;

f. the applicant has provided an updated Conservation Plan, reflecting the settlement proposal, prepared by a qualified heritage consultant, for 40-46 Spadina Avenue to the satisfaction of the Senior Manager, Heritage Planning, City Planning;

g. the applicant has submitted an Archeological Assessment to the satisfaction of the Chief Planner and Executive Director, City Planning; and

h. the City has conveyed to the Owner a portion of the public lane abutting 58-62 Spadina Avenue, known as Part 3, Plan 66R-22924, to be part of the development site, to the satisfaction of the General Manager, Transportation Services, the Executive Director, Corporate Real Estate Management and the City Solicitor.

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

Confidential Appendix A to the report (March 10, 202) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 10, 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 (March 10, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.