Item - 2026.CC43.30
Tracking Status
- City Council adopted this item on July 29 and 30, 2026 with amendments.
CC43.30 - 2 Whitney Avenue - Application to Erect a Structure in the North Rosedale Heritage Conservation District
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 11 - University - Rosedale
City Council Decision
City Council on July 29 and 30, 2026, adopted the following:
1. City Council refuse the proposal to construct a structure on lands subject to an encroachment agreement adjacent to 2 Whitney Avenue, a property within the North Rosedale Heritage Conservation District, in accordance with Section 42 of the Ontario Heritage Act, as outlined in the Applicants' Submission dated June 23, 2026, and received by Heritage Planning on July 2, 2026.
2. City Council direct that Confidential Attachment 1 to the report (July 16, 2026) from the City Solicitor remain confidential, as it is about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client privilege.
Confidential Attachment 1 to the report (July 16, 2026) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as it is about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client privilege.
Confidential Attachment - Advice or communications that are subject to solicitor-client privilege and information regarding potential litigation.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2026/cc/bgrd/backgroundfile-289748.pdf
(July 16, 2026) Supplementary report from the City Solicitor on 2 Whitney Avenue (135 Glen Road) - Proposed Revisions to Encroachment Agreement - Supplementary Report (CC43.30a)
https://www.toronto.ca/legdocs/mmis/2026/cc/bgrd/backgroundfile-289749.pdf
Confidential Attachment 1 - Confidential instructions from the City Solicitor
(July 23, 2026) Transmittal from the Toronto Preservation Board on 2 Whitney Avenue - Application to Erect a Structure in the North Rosedale Heritage Conservation District (CC43.30b)
https://www.toronto.ca/legdocs/mmis/2026/cc/bgrd/backgroundfile-289880.pdf
(July 21, 2026) Report from the Senior Manager, Heritage Planning, Urban Design, City Planning on 2 Whitney Avenue - Application to Erect a Structure in the North Rosedale Heritage Conservation District
https://www.toronto.ca/legdocs/mmis/2026/cc/bgrd/backgroundfile-289910.pdf
Communications (City Council)
(July 25, 2026) E-mail from Benjie, Sonia and Jayden Thomas (CC.Supp)
(July 25, 2026) Letter from Claudia Leavens (CC.Supp)
(July 25, 2026) Letter from Lynne Woollcombe (CC.Supp)
(July 25, 2026) Letter from Kim Shannon (CC.Supp)
(July 26, 2026) E-mail from Trevor and Jana Temple (CC.Supp)
(July 27, 2026) Letter from Jennifer Parkin (CC.Supp)
(July 27, 2026) E-mail from John McLeish (CC.Supp)
(July 27, 2026) Letter from Michael McClelland, ERA Architects Inc. (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2026/cc/comm/communicationfile-217894.pdf
(July 27, 2026) Letter from David Reed (CC.Supp)
(July 27, 2026) Letter from Jane Shapiro (CC.Supp)
(July 27, 2026) Letter from Cathy Bongard (CC.Supp)
(July 27, 2026) E-mail from Alan Schwartz (CC.Supp)
(July 27, 2026) E-mail from Sean Gosnell (CC.Supp)
(July 28, 2026) E-mail from Kathy Falconi (CC.Supp)
(July 28, 2026) E-mail from Janet Deacon (CC.Supp)
(July 28, 2026) Letter from Gary Bryck (CC.Supp)
(July 28, 2026) E-mail from James Bray (CC.Supp)
(July 28, 2026) E-mail from Robert Luba (CC.New)
(July 28, 2026) E-mail from Stefania Mark (CC.New)
(July 28, 2026) Letter from Darren Mark (CC.New)
(July 28, 2026) E-mail from Normunds Mierins (CC.New)
(July 28, 2026) E-mail from John McLeish (CC.New)
(July 24, 2026) Submission from Jason Young, President, Advantage Forensics® Inc. (CC.Supp)
https://www.toronto.ca/legdocs/mmis/2026/cc/comm/communicationfile-218198.pdf
(July 29, 2026) Letter from Cynthia MacDougall and Jeff Evenson (CC.New)
(July 29, 2026) E-mail from Beth DeMerchant (CC.New)
(July 28, 2026) Letter from Kelly Patton (CC.New)
(July 28, 2026) Letter from Jason Patton (CC.New)
(July 28, 2026) Letter from Sarah Richardson (CC.New)
(July 28, 2026) E-mail from Matthew Mierins (CC.New)
(July 28, 2026) E-mail from Elizabeth Lowry (CC.New)
(July 28, 2026) E-mail from Dorothy Sinclair (CC.New)
(July 29, 2026) Letter from Michael McClelland, ERA Architects Inc. (CC.New)
https://www.toronto.ca/legdocs/mmis/2026/cc/comm/communicationfile-218613.pdf
(July 29, 2026) E-mail from Susan Howe (CC.New)
(July 29, 2026) E-mail from Nicole Corrado (CC.New)
(July 29, 2026) E-mail from Whitney Newlands (CC.New)
(July 29, 2026) Letter from Sam Webster, President, PortfolioAid (CC.New)
Motions (City Council)
That City Council delete the recommendations in the report (July 13, 2026) from the Chief Planner and Executive Director, City Planning and adopt instead the following recommendation in the transmittal (July 23, 2026) from the Toronto Preservation Board [CC43.30b], amended to read as follows:
1. City Council refuse the proposal to construct a structure on lands subject to an encroachment agreement adjacent to 2 Whitney Avenue, a property within the North Rosedale Heritage Conservation District, in accordance with Section 42 of the Ontario Heritage Act, as outlined in the Applicants' Submission dated June 23, 2026, and received by Heritage Planning on July 2, 2026.
Vote (Amend Item) Jul-30-2026 8:25 PM
| Result: Carried | Majority Required - CC43.30 - Perks - motion 1a |
|---|---|
| Total members that voted Yes: 20 | Members that voted Yes are Paul Ainslie, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Rachel Chernos Lin, Olivia Chow, Mike Colle, Paula Fletcher, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Gord Perks, Anthony Perruzza, Neethan Shan, Michael Thompson |
| Total members that voted No: 4 | Members that voted No are Brad Bradford, Stephen Holyday, Frances Nunziata (Chair), James Pasternak |
| Total members that were Absent: 2 | Members that were absent are Vincent Crisanti, Dianne Saxe (Interest Declared) |
That:
1. City Council direct that Confidential Attachment 1 to the report (July 16, 2026) from the City Solicitor is to remain confidential, as it is about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client privilege.
Vote (Amend Item) Jul-30-2026 8:27 PM
| Result: Carried | Majority Required - CC43.30 - Perks - motion 1b |
|---|---|
| Total members that voted Yes: 23 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Rachel Chernos Lin, Olivia Chow, Mike Colle, Paula Fletcher, Stephen Holyday, Ausma Malik, Nick Mantas, Josh Matlow, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Neethan Shan, Michael Thompson |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 3 | Members that were absent are Vincent Crisanti, Parthi Kandavel, Dianne Saxe (Interest Declared) |
That City Council adopt the following recommendations in the supplementary report (July 16, 2026) from the City Solicitor [CC43.30a]:
1. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to this report from the City Solicitor.
2. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1, if adopted by City Council.
3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential, as it is about litigation or potential litigation that affects the City of Toronto and contains advice or communications that are subject to solicitor-client privilege.
Declared Interests (City Council)
Councillor Dianne Saxe - as she is being personally sued by the applicant.
Written Declaration: https://secure.toronto.ca/council/declared-interest-file.do?id=13246