Designation of the Kensington Market Heritage Conservation District Under Part V of the Ontario Heritage Act - Ontario Land Tribunal Hearing

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The decision

2026-03-25 · Toronto City Council · adopted

As filed

City Council on March 25 and 26, 2026, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 10, 2026) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 to the report (March 10, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege and information regarding potential litigation.

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3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices 1 to 3 to the report (March 10, 2026) from the City Solicitor, at the discretion of the City Solicitor. Confidential Attachment 1 and Confidential Appendices 1 to 3 to the report (March 10, 2026) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice that is subject to solicitor-client privilege and information regarding potential litigation. Confidential Attachment 1 and Confidential Appendices 1 to 3 to the report (March 10, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

City Council designated the Kensington Market Heritage Conservation District and adopted the Kensington Market Heritage Conservation District Plan at its meeting of February 5, 2025. The Kensington Market Heritage Conservation District was subsequently appealed to the Ontario Land Tribunal. The Ontario Land Tribunal has scheduled a 5-day hearing of the appeals of the Kensington Market Heritage Conservation District beginning June 1, 2026. The City Solicitor requires further direction from City Council on this litigation matter.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council direct that 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 and information regarding potential litigation.

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3. City Council authorize the public release of the confidential instructions to staff contained in Confidential Attachment 1 and the contents of Confidential Appendices 1 to 3 to this report from the City Solicitor, if adopted by City Council, at the discretion of the City Solicitor.

On the record

The item as the City filed it

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