Item - 2026.CC41.8

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 authorize the public release of the confidential recommendations contained in Confidential Attachment 1, along with the entirety of Confidential Appendix A to this report from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

On June 23, 2025, the City received Official Plan and Zoning By-law Amendment applications for 2912 to 2926 Sheppard Avenue East to permit the construction of a 50-storey mixed-use building. The proposed building would have a total gross floor area of approximately 43,370 square metres, consisting of 590 residential dwelling units and 280 square metres of non-residential space.

The applicant appealed the City's neglect or failure to make a decision on its applications for Official Plan and Zoning By-law Amendments to the Ontario Land Tribunal on October 23, 2025.

City Council adopted an Appeal Report at its meeting on February 4, 2026, directing the City Solicitor to oppose the applications at the Ontario Land Tribunal, and authorizing the City Solicitor and Staff to continue discussions with the applicant to address outstanding issues.

The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled to commence on October 20, 2026.  This matter is urgent and cannot be deferred.