Item - 2026.CC41.14

The City Solicitor recommends that:

1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor.

2. City Council direct that the confidential recommendations contained in Confidential Attachment 1, all other information contained in Confidential Attachment 1, and Confidential Appendix A to this report from the City Solicitor are to remain confidential at the discretion of the City Solicitor, as they contain advice and information which is subject to solicitor-client privilege.

On March 6, 2023 the City received a Zoning By-law and Official Plan Amendment application for 155 St. Dennis Drive to permit the construction of four (4) residential towers ranging in height between 42 to 56 storeys linked by a 2-storey base building. The development proposes 2,170 residential units, 135,413 square metres of residential gross floor area, and approximately 348 square metres of non-residential gross floor area. The application proposes that 5 percent of the residential gross floor area (approximately 6,771 square metres) would be allocated to affordable housing. The site has an overall area of 169,361 square metres, of which, the applicant proposes to develop 7,643 square metres of the site with residential towers, and the remainder of the lands, approximately 16 hectares, would be conveyed to a public agency as open space. A total of 405 vehicle parking spaces are proposed in 4 levels of underground parking. The application was deemed complete as of August 1, 2023.

City Council refused the applications at its meeting of November 8, 2023 and the applicant appealed that refusal, to the Ontario Land Tribunal on November 24, 2023.

Following an approximately 5 week hearing, the Ontario Land Tribunal approved the applications to amend the Official Plan and Zoning by-law in a decision dated October 10, 2025. City Council has directed the City Solicitor to seek leave to appeal the decision to the Divisional Court, as well as to seek judicial review of the decision.

The City Solicitor requires further instruction on this matter. For reasons set out in Confidential Attachment 1 this matter is urgent and should not be deferred.