Item - 2026.CC41.13

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 8, 2026) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 8, 2026) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (May 8, 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 8, 2026) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council consent to Berkley Carlyle (Junction) Inc. filing a request to review the Ontario Land Tribunal’s decision of July 18, 2024, with respect to the appeal of the Zoning By-law Amendment application for 151 and 161-181 Mulock Avenue and 6 Lloyd Avenue pursuant to Rule 25 of the Tribunal’s Rules of Practice and Procedure.

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

3. Should the Ontario Land Tribunal grant the review request in whole or in part, the following pre-condition be added to the existing pre-conditions to the issuance of the Tribunal’s Order:

The owner at their sole cost and expense shall enter into an agreement with the City to construct or cause the construction of and provide and maintain on the lands affordable housing in accordance with the Official Plan Amendment approved by the Ontario Land Tribunal in its decision/order in OLT Case Number OLT-22-002852 dated February 23, 2026 on such terms and conditions satisfactory to the Chief Planner and Executive Director, City Planning. Such agreement shall be registered on title to the lands in priority and in a manner satisfactory to the City Solicitor. The Owner shall also register a restriction under s.118 of the Land Titles Act agreeing not to transfer or charge the lands comprising the affordable housing units without the written consent of the Chief Planner and Executive Director, City Planning or their designate to ensure that the obligations in the agreement to construct and maintain the affordable housing continue concurrent with or prior to the registration of the agreement on title to the lands.

The balance of Confidential Attachment 1 to the report (May 8, 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 8, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.