Item - 2026.CC43.10

City Council on July 29 and 30, 2026, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 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 (July 8, 2026) from the City Solicitor.

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

1. City Council direct the City Solicitor to request the Ontario Land Tribunal to allow the appeals by the owner under subsection 33, 34(1)1 and 34.1(2) of the Ontario Heritage Act by the owner, in part, and approve:

a. the application to alter the designated heritage properties at 54-66 Fraser Avenue and 68 Fraser Avenue (147 Liberty Street) under Part IV, Section 33 of the Ontario Heritage Act to allow for the construction of a 50-storey mixed-use building, in accordance with the plans and drawings dated March 31, 2025, and revised June 30, 2026, prepared by Sweeney and Co. Architects and the Heritage Impact Assessment prepared by Giaimo dated February 27, 2026, and revised June 25, 2026, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning, and subject to conditions as set out below;

b. the application to demolish the specified heritage attributes of the designated heritage property at 54-66 Fraser Avenue under Part IV, Section 34 of the Ontario Heritage Act to allow for the construction of a 50-storey mixed-use building, in accordance with the plans and drawings dated March 31, 2025, and revised June 30, 2026, prepared by Sweeney and Co. Architects and the Heritage Impact Assessment prepared by Giaimo dated February 27, 2026, and revised June 25, 2026, and on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the conditions as set out below; and

c. the demolition of a heritage building on the designated heritage property at 54-66 Fraser Avenue under Part IV, Section 34 (1)(2) of the Ontario Heritage Act to allow for the construction of a 50-storey mixed-use building, in accordance with the plans and drawings dated March 31, 2025, and revised June 30, 2026, prepared by Sweeney and Co. Architects and the Heritage Impact Assessment prepared by Giaimo dated February 27, 2026, and revised June 25, 2026, both on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to conditions as set out below.

2. City Council direct the City Solicitor to request that the Ontario Land Tribunal's approval of the application to alter the designated heritage properties at 54-66 Fraser Avenue and 68 Fraser Avenue (147 Liberty Street) in accordance with Part IV, Section 33 of the Ontario Heritage Act, and its consent to the demolition of specified heritage attributes at 54-66 Fraser Avenue under Part IV, Section 34(1)1 of the Ontario Heritage Act, and its consent to the demolition of one heritage building on the designated heritage property at 54-66 Fraser Avenue, in accordance with Section 34(1)2 of the Ontario Heritage Act, are also subject to the following conditions:

a. that the related Zoning By-law and Official Plan Amendment associated with the proposed alterations, demolition of specified heritage attribute(s) and demolition of a heritage building has come into full force and effect;

b. prior to issuance of any Ontario Land Tribunal order in connection with the Zoning By-law and Official Plan Amendment appeals for the property at 54-66 Fraser Avenue and 68 Fraser Avenue (147 Liberty Street), the owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is substantially in accordance with the conservation strategy set out in the Heritage Impact Assessment prepared by Giaimo dated February 27, 2026, and revised June 25, 2026, for the property at 54-66 Fraser Avenue and 68 Fraser Avenue (147 Liberty Street), to the satisfaction of the Senior Manager, Heritage Planning;

1. the Conservation Plan shall include:

a. refinements to improve the legibility of the courtyard as a double height space open of the courtyard by pulling back externally and raising the ceiling within the courtyard by 2 or 3 metres or to provide a detailed structural analysis as to how this may be achieved;

b. refinements to and clarification of the detailed design and materiality of the reveal façade directly above the heritage properties on Fraser Street; the reveal design shall be a simple form with minimal framing that is compatible with the heritage building; and

c. details of the design and materiality of the soffit above the reveal on Fraser Street to soften its appearance above the heritage property,

c.  prior to issuance of any Ontario Land Tribunal order in connection with the Zoning By-law and Official Plan Amendment appeals for the property at 54-66 Fraser Avenue and 68 Fraser Avenue (147 Liberty Street), the owner shall enter into a Heritage Easement Agreement with the City for the property at 54-66 Fraser Avenue and 68 Fraser Avenue (147 Liberty Street), substantially in accordance with the plans and drawings dated March 31, 2025, and revised June 30, 2026, prepared by Sweeney and Co. Architects, on file with the Senior Manager, Heritage Planning; and, the Heritage Impact Assessment prepared by Giaimo dated February 27, 2026, and revised June 25, 2026, and on file with the Senior Manager, Heritage Planning, subject to and in accordance with the approved Conservation Plan required in Part 2.b. above, to the satisfaction of the Senior Manager, Heritage Planning, including execution and registration of such agreement to the satisfaction of the City Solicitor;
 

d. prior to the issuance of any permit for all or any part of the properties at 54-66 Fraser Avenue and 68 Fraser Avenue (147 Liberty Street), including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage buildings as are acceptable to the Senior Manager, Heritage Planning, the owner shall:

1. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such plan to the satisfaction of the Senior Manager, Heritage Planning;

2. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such a plan to the satisfaction of the Senior Manager Heritage Planning;

3. provide a detailed Landscape Plan for the subject properties, satisfactory to the Senior Manager, Heritage Planning;

4. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.a.1. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning;

5. provide full documentation of the existing heritage buildings to be demolished, including two (2) printed sets of archival quality 8"x10" colour photographs with borders in a glossy or semi-gloss finish and one (1) digital set on a flash drive in tiff format and 600 dpi resolution keyed to a location map, elevations and measured drawings, and copies of all existing interior floor plans and original drawings as may be available, to the satisfaction of the Senior Manager, Heritage Planning; and

6. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning, to secure all work included in the approved Conservation Plan and Interpretation Plan.

e. prior to the release of the Letter of Credit required in Part 2.d.6. above, the owner shall:

1. provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation and Interpretation Plans and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning.

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

Confidential Appendices A and B to the report (July 8, 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 (July 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 (July 8, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.