Item - 2026.CC41.11

City Council on May 20 and 21, 2026, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 7, 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 (May 7, 2026) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 7, 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 (May 7, 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 May 7, 2026 ("the Settlement Offer") set out in Confidential Appendix A to the report (May 7, 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 has, at their sole cost and expense:

i. submitted a revised Functional Servicing, Stormwater Management, and Hydrogeological Reports for review and acceptance to the satisfaction of the Director, Engineering Review, Development 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 and whether upgrades or improvements of the existing municipal infrastructure are required; and

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 and/or road improvements are required to support the development, according to the accepted Transportation Impact Study and/or the accepted Functional Servicing Report (which for greater clarity shall not include any construction, security or conveyance of any kind related to the Transportation Master Plan, including, but not limited to, any improvements to Union Street or the future St. Clair - Old Weston Station site).

d. the Owner has submitted a revised Transportation Impact Study, including Transportation Demand Management Plan, to the satisfaction of the Executive Director, Development Review and the General Manager, Transportation Services;

e. the Owner has submitted a Rail Safety and Risk Mitigation Report, revised if necessary, that has been peer reviewed by a third-party consultant, to the satisfaction of the Executive Director, Development Review;

f. the Owner has submitted a revised Noise and Vibration Study, including peer review by a third-party consultant, to the satisfaction of the Executive Director, Development Review;

g. the Owner has submitted a phasing plan to demonstrate the order in which the various elements of development would be delivered, in conjunction with planned improvements from the St. Clair Avenue West Area TMP, to the satisfaction of the Executive Director, Development Review;

h. the Owner has submitted a revised Pedestrian Level Wind Study and the results of the study, including mitigation of adverse wind effects, are to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review; the wind study shall not recommend wind barriers in the public realm as a mitigation measure to achieve satisfactory wind effects; and

i. the Owner has submitted a revised Arborist Report, Soil Volume Plan, and Tree Preservation Plan to the satisfaction of the Executive Director, Environment, Climate and Forestry.

3. 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.

4. 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 (May 7, 2026) 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 (May 7, 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 (May 7, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.