Housing Action Plan: As-of-Right Zoning for Mid-rise Buildings on Avenues - 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 5, 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 5, 2025) from the City Solicitor. 3. City Council direct that the balance of in Confidential Attachment 1 to the report (December 5, 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 5, 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 2, 2025, set out in Confidential Appendix A to the report (December 5, 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 authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (December 5, 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 5, 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 5, 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 November 14, 2024, City Council adopted By-law 1260-2024, which amended City-wide Zoning By-law 569-2013 to provide as-of-right permissions for mid-rise buildings along certain streets designated as Avenues. On December 18, 2024, one landowner appealed the Zoning By-law Amendment to the Ontario Land Tribunal. The Ontario Land Tribunal held Case Management Conferences on May 1, 2025 and October 23, 2025. On October 24, 2025, the Ontario Land Tribunal issued an order confirming that Zoning By-law 1260-2024 shall be deemed to have come into force on November 14, 2024, for all areas of the City set out in sections 34 and 35 of the by-law save and except for the lands municipally known as 2850 Kingston Road.

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The City Solicitor requires further directions for proceedings before the Ontario Land Tribunal. 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, and the entirety of Confidential Appendix A to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all

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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

The item as the City filed it

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