40-60 St. Lawrence Avenue - Ontario Land Tribunal Hearing - Request for Directions

The 2014 proposal for the 40-60 St. Lawrence Avenue portion of the lands was for two residential buildings that were 22 and 27 storeys in height, connected by a four-storey base building. A total of 558 dwelling units were proposed. In October 2017, an application for a consent to sever the property comprised of the Phase 1 and Phase 2 lands was approved and the Phase 2 lands, now addressed as 40-60 St. Lawrence Avenue, were sold to the current owner. In June 2023, the applicant made a resubmission in respect of the 40-60 St. Lawrence Avenue lands to permit three mixed-use buildings of 26, 34, and 43 storeys in height on a five-storey base building. A total of 1,166 condominium dwelling units were proposed in this resubmission. On April 4, 2024, the applicant appealed City Council's non-decision on the Applications (for Official Plan and Zoning By-law Amendments) to the Ontario Land Tribunal. On May 14, 2024, City staff submitted an Appeal Report to Etobicoke York Community Council in respect of the Appeals. On June 26, 2024, City Council considered the Appeal Report and adopted staff's recommendations, including to oppose the Appeals and to continue discussions with the applicant to resolve outstanding issues, without amendment. On August 6, 2024, the Ontario Land Tribunal held a first case management conference in respect of the Appeals. A hearing was scheduled at this first case management conference, which hearing is scheduled to commence on May 14, 2025. On January 2, 2025, the applicant filed revised plans with the Ontario Land Tribunal, which plans will be the subject of the hearing scheduled to commence on May 14, 2025. On January 22, 2025, the City received a with prejudice settlement offer from the applicant's lawyers, Aird & Berlis LLP, which is attached as Public Attachment 1. The revised plans associated with the Settlement Offer are attached as Public Attachment 2. The Settlement Offer will remain open until the end of the City Council meeting scheduled to commence on February 5, 2025. The City Solicitor requires further directions in advance of the hearing scheduled to commence on May 14, 2025. This matter is urgent and should not be deferred.

Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.