Item - 2026.CC43.12

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 15, 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 15, 2026) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 15, 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 15, 2026) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated July 13, 2026, set out in Confidential Appendix A to the report (July 15, 2026) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

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

3. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Final Order on the Official Plan Amendment application and the Zoning By-law Amendment application 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 and Zoning By-law Amendment is to the satisfaction of the Executive Director, Development Review, and the City Solicitor;

b. the Chief Planner and Executive Director, City Planning or their designate under delegated authority has approved the Rental Housing Demolition Application (Application 25 210171 STE 12 RH) under Chapter 667 of the Toronto Municipal Code, pursuant to Section 111 of the City of Toronto Act, 2006, to permit the demolition of the existing rental dwelling units, and the Owner has entered into, and registered on title to the lands, an agreement pursuant to Section 111 of the City of Toronto Act, 2006, to the satisfaction of the Chief Planner and Executive Director, City Planning, and the City Solicitor, securing all rental housing-related matters, including tenant relocation assistance;

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

i. submitted a revised Functional Servicing and Stormwater Management Report for review and acceptance, to the satisfaction of the Director, Engineering Review, Development Review, in consultation with the General Manager, Toronto Water;

ii. made arrangements with the City for the design and construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Functional Servicing and Stormwater Management Report accepted by the Director, Engineering Review, Development Review, in consultation with the General Manager, Toronto Water;

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, and the City Solicitor, 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 all required Engineering Reports to the satisfaction of the Director, Engineering Review, Development Review, in consultation with the General Manager, Toronto Water;

v. addressed all outstanding issues raised in the Engineering Review Memorandum dated October 16, 2025, as may be amended, as they relate to the Zoning By-law Amendment Application to the satisfaction of the General Manager, Transportation Services and the Director, Engineering Review, Development Review;

vi. submitted revised landscape plans to address City planting standards, including planting over underground structures and conflicts with Toronto Water utilities, to the satisfaction of the Manager, Urban Forestry; and

vii. submitted a revised Wind Study, including a pedestrian wind study, to the satisfaction of the Executive Director, Development Review, in consultation with Urban Design.

4. City Council request the Owner to make reasonable commercial efforts to identify, in consultation with the Executive Director, Development Review, a suitable off-site parkland dedication as a substitution for an on-site parkland dedication that:

a. is accessible to the area where the subject site is located;

b. is a good physical substitute for any on-site parkland dedication;

c. is free and clear, above and below grade, of all easements, encumbrances, and encroachments, to the satisfaction of the Executive Director, Development Review, and in an acceptable environmental condition, to the satisfaction of Chief Engineer and Executive Director, Engineering and Construction Services; the Owner may propose the exception of encumbrances of tie-backs, where such an encumbrance is deemed acceptable by the Executive Director, Development Review, in consultation with the City Solicitor, and such an encumbrance will be subject to the payment of compensation to the City, in an amount as determined by the Executive Director, Development Review and the Executive Director, Corporate Real Estate Management;

d. is in an acceptable environmental condition; and

e. is of a value that does not exceed the estimated value of the on-site dedication that would otherwise be required, which value may include the cost of acquiring the land, land transfer tax, typical closing cost and reasonable real estate commissions of up to 5 percent;

all to the satisfaction of the Executive Director, Development Review.

5. Should the Executive Director, Development Review and the Owner agree to a property as a substitution for an on-site dedication, City Council accept the off-site parkland dedication, in full or partial fulfilment of the parkland dedication requirements, pursuant to Section 42 of the Planning Act, with conveyance to the City to occur prior to the issuance of the first above grade building permit in accordance with the following:

a. in the event the total cost of acquiring the land for the off-site parkland dedication, including the purchase price, less reasonable real estate commissions of up to five percent, land transfer tax, and typical closing adjustments incurred, to the satisfaction of the Executive Director, Development Review, is less than the value of the parks levy calculated at the time of submission of an application for the first above-grade building permit for the development, the difference shall be paid to the City as a cash-in-lieu of parkland payment prior to the issuance of the first above-grade building permit for the development; and

b. in the event the Owner is unable to provide a substituted off-site parkland dedication to the City, the Owner will be required to satisfy the parkland dedication requirement through a cash-in-lieu of parkland payment prior to the issuance of first above grade building permit in accordance with Chapter 415 Article III of the Municipal Code;

all to the satisfaction of the Executive Director, Development Review and the City Solicitor.

6. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges for the design and construction by the Owner of the Above Base Park Improvements to the satisfaction of the General Manager, Parks and Recreation; the development charge credit shall be in an amount that is the lesser of the cost to the Owner of designing and constructing the Above Base Park Improvements, as approved by the General Manager, Parks and Recreation, and the Parks and Recreation component of development charges payable for the development in accordance with the City's Development Charges By-law, as may be amended from time to time.

Confidential Appendices A and B to the report (July 15, 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 15, 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 15, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.