Item - 2026.CC42.9

City Council on June 24 and 25, 2026, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (June 11, 2026) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the "without prejudice" settlement offer set out in Confidential Appendix A to the report (June 11, 2026) from the City Solicitor and support a revised proposal that is substantially in accordance with the plans and drawings in Confidential Appendix B to the report (June 11, 2026) from the City Solicitor (together the "Settlement Offer"), and subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing on this matter in support of the Settlement Offer for the lands municipally known as 396-398 Church Street, 73-77 McGill Street and 50 Gerrard Street East.

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order on the Official Plan Amendment and 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 to permit the proposed development, including re-designation of a portion of the lands from Neighbourhoods to Mixed Use Areas, is satisfactory to the Executive Director, Development Review and the City Solicitor;

b. the final form and content of the draft Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor;

c. the Owner has, at its sole cost and expense:

i. submitted a revised Servicing Report and Stormwater Management Report, Hydrogeological Review, including the Foundation Drainage Report ("Engineering Reports") to the satisfaction of the Director, Engineering Review;

ii. secured the design and provided financial securities in respect of any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Director, Engineering Review, should it be determined that improvements or upgrades are required to support the development, according to the Engineering Reports accepted by the Director, Engineering Review;

iii. ensured that implementation of the accepted Engineering Reports does not require changes to the proposed amending By-law or that any required changes have been made to the proposed amending By-law to the satisfaction of the Executive Director, Development Review, including the use of a Holding ("H") By-law symbol regarding any new municipal servicing infrastructure or upgrades to existing municipal servicing infrastructure, as may be required;

iv. submitted an updated Transportation Impact Study or Addendum to reflect revisions to site circulation, loading, parking and access for the development, to the satisfaction of the General Manager, Transportation Services;

v. submitted an updated Soil Volume Plan (including daylighting information), Landscape Plan and associated section drawings identifying appropriate clearance from existing utilities satisfactory to the Chief Planner and Executive Director, City Planning and the Executive Director, Environment, Climate and Forestry;

vi. submitted an updated Pedestrian Level Wind Study, and thereafter implemented any necessary mitigation measures in the Zoning By-law Amendment, to the satisfaction of the Executive Director, Development Review;

vii. submitted an updated Aeronautical Report confirming the constructability of the proposed mixed use development to the requested overall building height (inclusive of all requested projections and mechanical equipment), to the satisfaction to the Executive Director, Development Review; and

viii. any outstanding rental housing matters be addressed as a result of the revised development to the satisfaction of the Chief Planner and Executive Director, City Planning.

4. City Council authorize the City Solicitor and appropriate City staff to take any necessary and reasonable steps to implement City Council's decision.

Confidential Appendices A and B to the report (June 11, 2026) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (June 11, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.