Item - 2026.CC43.13

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

1. City Council delete recommendations 1 and 2 in the report (July 16, 2026) from the City Solicitor.
 

2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to motion 1.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to motion 1.
 

4. City Council direct that Confidential Attachment 1 and Confidential Appendices A and B to the report (July 16, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to motion 1 were adopted by City Council and are now public as follows:

1. City Council not accept the without prejudice offer to settle dated June 29, 2026, set out in Confidential Appendix A to the report (July 16, 2026) from the City Solicitor.

2. City Council direct the City Solicitor to attend at the Ontario Land Tribunal in opposition to the proposal and to hire outside consultants as necessary. 

3. City Council direct the City Solicitor to, in the event the Ontario Land Tribunal allows the appeal in whole or part, request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the final form and content of the draft zoning by-law amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor;

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

i. submitted a revised Functional Servicing and Stormwater Management Report, Hydrogeological Review Report, Hydrogeological Assessment Report, Servicing Report, Groundwater Summary Form, Foundation Drainage Summary Form, Hydrological Review Summary Form and Associated engineering plans (i.e., Servicing Plan, Grading Plan, Storm Tributary Plan, Sanitary Tributary Plan, Plan and Profiles) (the "Engineering Reports"), to determine the stormwater runoff, sanitary flow and water supply demand resulting from this Development, and whether there is adequate capacity in the existing municipal infrastructure to accommodate the proposed development to the satisfaction of the Director, Engineering Review, Development Review;

ii. satisfied all requests for further information identified in the Development Review memorandum to City Planning dated February 24, 2025, and any outstanding issues raised by:

1. Development Review, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Zoning By-law Amendment application, to the satisfaction of the Director, Engineering Review, Development Review including but not limited to, a revised Functional Servicing Report to demonstrate the Site can be adequately serviced to the satisfaction of the Director, Engineering Review, Development Review; and

2. Transportation Review, arising from the ongoing technical review  as they relate to the subject applications, including the submission and acceptance of all reports, studies, and plans as they relate to the subject applications, and as required by Transportation Review, including but not limited to the following, all to the satisfaction of the Manager, Transportation Review:

a. functional road plans;

b. pavement marking and signage plans;

c. cross-section plans for the proposed road improvements along all site frontages on Eglinton Avenue West and Marlee Avenue, including the intersection of Eglinton Avenue West and Marlee Avenue, to the satisfaction of the Manager, Transportation Review; and

d. vehicle maneuvering diagrams (VMDs) to demonstrate the operation of a TTC bus, P-TAC passenger vehicle, and City solid waste collection truck;

all to the satisfaction of the Manager, Transportation Review;

iii. secured the design and provided financial securities, in respect of any upgrades or required improvements to the existing municipal infrastructure, or constructing new infrastructure, identified in the Engineering Reports, to support the development (including boulevard and road improvements), all to the satisfaction of the Director, Engineering Review, Development 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, Development Review and if necessary, in consultation with the General Manager, Toronto Water;

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

v. 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 the development of the Site, according to the revised Functional Servicing and Stormwater Management Report accepted by the Director, Engineering Review, Development Review;

vi. submitted a revised Transportation Impact Study, including a Travel Demand Management Plan to the satisfaction of the Chief Planner and Executive Director, City Planning and the Manager, Transportation Review;

vii. submitted a Pedestrian Level Wind Study - Wind Tunnel Study, including the identification of any required mitigation measures to be implemented and secured through the zoning by-law process to resolve wind safety exceedances and to improve pedestrian comfort, to the satisfaction of the Chief Planner and Executive Director, City Planning;

viii. satisfactorily addressed matters from Tree Protection and Plan Review, Urban Forestry Memorandum dated February 24, 2025, or any outstanding issues raised by Urban Forestry, arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the Executive Director of Environment, Climate and Forestry, including submitting a revised Soil Volume Plan, and Landscape Plan demonstrating sufficient soil volume for tree growth and Landscape Sections to the satisfaction of the Executive Director, Environment, Climate and Forestry;

ix. satisfactorily addressed matters from Parks and Recreation as contained in the Parks and Recreation Memorandum dated February 13, 2025, or any outstanding issues raised by Parks and Recreation arising from the ongoing technical review (including provision of acceptable reports and studies), as they relate to the Official Plan Amendment and Zoning By-law Amendment application, to the satisfaction of the General Manager, Parks and Recreation; and

x. made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review, including submitting an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning.

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

Confidential Attachment 1 and Confidential Appendices A and B to the report (July 16, 2026) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendices A and B to the report (July 16, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.