Item - 2026.CC43.14

Tracking Status

  • City Council adopted this item on July 29 and 30, 2026 without amendments.

CC43.14 - 189 to 195 Old Weston Road and 44 to 46 and 50 to 52 Lindner Street - Ontario Land Tribunal Hearing - Request for Directions

Decision Type:
ACTION
Status:
Adopted
Ward:
9 - Davenport

City Council Decision

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 10, 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 instruct the City Solicitor to 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 Official Plan Amendment is to the satisfaction of the Executive Director, Development Review and the City Solicitor;
 
b. 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;
 
c. the owner has at their sole cost and expense:

 

i. submitted revised Functional Servicing, Stormwater Management, and Hydrogeological Reports for review and acceptance to the satisfaction of the Director, Engineering Review, Development Review in consultation with the General Manager, Toronto Water; the reports will determine whether the municipal water and fire flow, sanitary and storm sewer capacity can support the proposed development and whether upgrades or improvements of the existing municipal infrastructure are required;
 
ii. entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, to the satisfaction of the Executive Director, Development Review and the City Solicitor, should it be determined that upgrades and/or road improvements are required to support the development, according to the Transportation Impact Study accepted by the Executive Director, Development Review, in consultation with the General Manager, Transportation Services, and/or the Functional Servicing, Stormwater Management, and Hydrogeological Reports accepted by the Director, Engineering Review, Development Review, in consultation with the General Manager, Toronto Water;
 
iii. submitted a revised Transportation Impact Study, including Transportation Demand Management Plan, to the satisfaction of the Executive Director, Development Review, in consultation with the General Manager, Transportation Services;

 

iv. submitted a Rail Safety and Risk Mitigation Report, revised if necessary, that has been peer reviewed by a third-party consultant, to the satisfaction of the Executive Director, Development Review;
 
v. submitted a revised Noise and Vibration Study, including peer review by a third-party consultant, to the satisfaction of the Executive Director, Development Review;
 
vi. submitted a phasing plan to demonstrate the order in which the various elements of development would be delivered to the satisfaction of the Executive Director, Development Review;
 
vii. submitted a revised Pedestrian Level Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning and the Executive Director, Development Review; and
 
viii. submitted a revised Arborist Report, Soil Volume Plan, and Tree Preservation Plan to the satisfaction of the Executive Director, Environment, Climate and Forestry.

 

d. City Council has approved the Rental Housing Demolition Application (Application 25 268012 STE 09 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 assistance, necessary to implement City Council’s decision.
 

3. City Council approve that in accordance with Section 42 of the Planning Act, the owner shall convey to the City an on-site parkland dedication, in base park condition, having a minimum size of 1000 square meters, with the exact size, location, and configuration of the parkland to the satisfaction of the Executive Director, Development Review and the City Solicitor; City Council approve that the parkland dedication shall be conveyed as follows:

 

a. the parkland dedication shall be transferred to the City free and clear above and below grade of all physical and title encumbrances; and

 

b. the parkland dedication shall be transferred to the City prior to the issuance of the first above-grade building permit for any portion of the development, except for the six-storey non-residential building, in an acceptable environmental condition in base park condition.

 

4. City Council approve the acceptance of the on-site parkland dedication, subject to the owner transferring the parkland to the City free and clear, above and below grade, of all easements, encumbrances, and encroachments, in an acceptable environmental condition to the satisfaction of the Executive Director, Development Review and the City Solicitor.

 

5. City Council approve a development charge credit against the Parks and Recreation component of the Development Charges, should the owner elect to design and construct 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.

 

6. City Council request the Executive Director, Development Review, in consultation with the local Ward Councillor and the City Solicitor, to continue to work with the owner to explore an in-kind community benefit contribution, that may include the provision of affordable housing, pursuant to Section 37(6) of the Planning Act, and to report back to City Council for further instruction on any offer of in-kind community benefits made by the owner.

 

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

 

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.

Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.

Background Information (City Council)

(July 15, 2026) Report from the City Solicitor on 189 to 195 Old Weston Road and 44 to 46 and 50 to 52 Lindner Street - Ontario Land Tribunal Hearing - Request for Directions (CC43.14)
https://www.toronto.ca/legdocs/mmis/2026/cc/bgrd/backgroundfile-289713.pdf
Confidential Attachment 1 - Confidential Information
Confidential Appendix A - Confidential Information - made public on August 7, 2026
https://www.toronto.ca/legdocs/mmis/2026/cc/bgrd/backgroundfile-289715.pdf
Confidential Appendix B - Confidential Information - made public on August 7, 2026
https://www.toronto.ca/legdocs/mmis/2026/cc/bgrd/backgroundfile-289716.pdf

Communications (City Council)

(July 29, 2026) E-mail from Nicole Corrado (CC.New)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-29-2026 11:37 AM

Result: Carried Majority Required - CC43.14 - Adopt the item
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Brad Bradford, Jon Burnside, Shelley Carroll, Lily Cheng, Rachel Chernos Lin, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Neethan Shan, Michael Thompson
Total members that voted No: 1 Members that voted No are Alejandra Bravo
Total members that were Absent: 2 Members that were absent are Parthi Kandavel, Ausma Malik
Source: Toronto City Clerk at www.toronto.ca/council