Item - 2026.PB41.3

The Toronto Preservation Board recommends that:

1. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to the revised report (March 5, 2026) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1, along with the entirety of Confidential Appendix A to the revised report (March 5, 2026) from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

3. City Council direct that all other information contained in Confidential Attachment 1 to the revised report (March 5, 2026) from the City Solicitor, is to remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

Colin Pang, Heritage Planner, Heritage Planning, Urban Design, City Planning gave a presentation on 46 Spadina Avenue, 58 Spadina Avenue and 378 Wellington Street West - Alterations to and Demolition of Buildings at Heritage Properies Designated Under Part V of the Ontario Heritage Act - Request for Direction.

The Toronto Preservation Board recessed its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege and contains information regarding litigation or potential litigation.

On August 10, 2022, Official Plan and Zoning By-law Amendment applications were submitted seeking permission for a 28-storey (93 metres, including mechanical penthouse) mixed-use building with retail at-grade along Spadina Avenue.  The proposal included retail at grade, two levels of office, and 521 residential units above.  The façade of the existing four-storey factory building was proposed to be retained and incorporated into the new development.

On May 15, 2024, the owner submitted a revised proposal for a 30-storey (99 metres, including mechanical penthouse) mixed-use building with retail at-grade, no office component, and 550 residential units.  On July 9, 2024, the owner appealed to the Ontario Land Tribunal ("OLT") due to Council not making a decision on the application within the timeframe prescribed by the Planning Act.

The property at 46 Spadina Avenue (including 40, 42, 44 and 50 Spadina Avenue) includes a 4-storey building that was constructed in 1907 with later additions in the 1940s.  It is known as the "Systems Building" and is identified as a contributing Industrial/Commercial building within the King-Spadina Heritage Conservation District (KSHCD) Plan.  The properties at 58 Spadina Avenue (including 60 Spadina Avenue) and 378 Wellington Street West are non-contributing properties in the KSHCD Plan.

On July 16, 2024, the applicant submitted an application under Section 42 of the Ontario Heritage Act to alter the designated Systems Building and demolish three small adjacent buildings to allow for the construction of a new 30-storey mixed-use building within the KSHCD, which was approved by Council on March 26 and 27, 2025.

The owner now seeks Council's consent for revised alterations to the Systems Building.  Council requires the advice of the Toronto Preservation Board in respect of matters which may impact a designated heritage property.