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Toronto City Council · 2025-10-08 · 2025.CC33.7

The filed record

1552, 1554, 1562, 1570 and 1572 Kingston Road - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2025-10-08 · Toronto City Council · adopted

As filed

City Council on October 8 and 9, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 16, 2025) from the City Solicitor. 2. City Council authorize the public release of the confidential instruction to staff in Confidential Attachment 1 to the report (September 16, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (September 16, 2025) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (September 16, 2025) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council not accept the with prejudice offer to settle dated September 2, 2025, set out in Public Attachment 1 to the report (September 16, 2025) from the City Solicitor and direct the City Solicitor to continue to oppose the appeal at the Ontario Land Tribunal. 2. City Council instruct the City Solicitor to request that if the appeal is allowed in whole or in part, the Ontario Land Tribunal withhold its Order until the City Solicitor has advised that: a. the final form and content of the Zoning By-law Amendment is satisfactory to the Executive Director, Development Review and the City Solicitor; b. the owner submitted a revised Functional Servicing Report, Stormwater Management Report, Geotechnical Study and Hydrogeological Report, including the Foundation Drainage Report or addendums ("Engineering Reports"), to the satisfaction of the Director, Engineering Review; c. the owner has entered into a financially secured agreement for the construction of any improvements to the municipal infrastructure, at the owner's sole expense, should it be determined that upgrades are required to support the development as identified in the accepted Functional Servicing and Stormwater Management Reports or any other reports accepted by the Director, Engineering Review; d. the owner has submitted a revised Transportation Impact Study or addendum, acceptable to, and to the satisfaction of, the General Manager, Transportation Services and the Director, Engineering Review and that such matters arising from such study, be secured if required; e. the owner has submitted a revised Arborist Report or addendum, and Tree Protection Plan acceptable and satisfactory to the Executive Director, Environment, Climate and Forestry; and f. the owner has made revisions to meet the Toronto Green Standard requirements to the satisfaction of the Executive Director, Development Review. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (September 16, 2025) 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 (September 16, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On July 29, 2021, the City received Zoning By-law Amendment and Site Plan applications for an eight-storey residential building to permit the construction of 93 residential dwelling units. On October 8, 2024, revised applications were submitted to permit a 12-storey mixed-use building containing 168 residential dwelling units and 59.11 square metres of non-residential space. The applicant appealed City Council's neglect or failure to make a decision on its applications for the Zoning By-law Amendment and Site Plan application to the Ontario Land Tribunal on December 5, 2024.

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On August 21, 2025, the applicant submitted revised plans to the Ontario Land Tribunal for an 11-storey building to permit the construction of 139 residential dwelling units and 359.83 square metres of non-residential space. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal hearing scheduled for November 19 to November 26, 2025. This matter is urgent and cannot be deferred.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information contained in Confidential

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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.

    On the record

    The item as the City filed it

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