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Toronto City Council · 2025-12-16 · 2025.CC35.13

The filed record

3019 Dufferin Street - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2025-12-16 · Toronto City Council · adopted

As filed

City Council on December 16 and 17, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 3, 2025) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (December 3, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 3, 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 (December 3, 2025) 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 December 1, 2025 set out in Confidential Appendix A to the report (December 3, 2025) 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 Zoning By-law Amendment is satisfactory to the Executive Director, Development Review Division, the Chief Planner and Executive Director, City Planning Division, and the City Solicitor; b. the owner has submitted a revised Functional Servicing Report, Stormwater Management Report, and Hydrogeological Review, and the Foundation Drainage Report or addendums ("Engineering Reports"), to the satisfaction of the Director, Engineering Review, Development Review; c. the owner has secured the design and provision of financial securities for any upgrades or required improvements to the existing municipal infrastructure identified in the accepted Engineering Reports, to support the development, all to the satisfaction of the Director, Engineering Review, Development Review, should it be determined that improvements or upgrades are required to support the development, according to the accepted Engineering Reports, accepted by the Director, Engineering Review, Development Review; d. the owner has submitted an updated Pedestrian Level Wind Tunnel Study, to the satisfaction of the Chief Planner and Executive Director, City Planning; e. the Owner has submitted an updated complete Toronto Green Standards Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning; f. the Owner has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review and a soil volume plan and tree planting plan has been accepted by the Supervisor, Urban Forestry, Tree Protection and Plan Review; and g. the owner has submitted a revised Transportation Impact Study, including Vehicle Maneuvering Diagrams and a functional road plan, to the satisfaction of the Director, Engineering Review, Development Review. 3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (December 3, 2025) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (December 3, 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 (December 3, 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 December 16, 2016, the City received a Zoning By-law Amendment application for 3019 Dufferin Street (the "Site") to permit the construction of an eight-storey, mixed use building. The then applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment to the then Local Planning Appeal Tribunal (the "LPAT", now the Ontario Land Tribunal) on November 28, 2017.

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The applicant revised the proposal on March 2, 2018, with the building remaining an eight-storey mixed-use building. City Council adopted a Request for Directions Report at its meeting of January 30 and 31, 2019, authorizing the City Solicitor to attend at the Local Planning Appeal Tribunal in support of the revised proposal. The Local Planning Appeal Tribunal issued an Order on September 6, 2019 allowing the development in principle, subject to a number of conditions. A Final Order was never issued on the appeal. The applicant submitted a revised proposal for the Site for a 29-storey mixed use building prior to an Ontario Land Tribunal Case Management Conference on March 20, 2025. City Council adopted a Request for Directions Report at its meeting of July 23 and 24, 2025, directing the City Solicitor to oppose the revised proposal at the Ontario Land Tribunal, and authorizing the City Solicitor and Staff to continue discussions with the applicant to address outstanding issues. The City Solicitor requires further directions for the upcoming Ontario Land Tribunal hearing scheduled to commence on March 16, 2026. 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, along with the entirety of Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that

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all other information contained in Confidential 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

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