The filed record
46 Spadina Avenue, 58 Spadina Avenue and 378 Wellington Street West - Alterations to and Demolition of Buildings at Heritage Properties Designated Under Part V of the Ontario Heritage Act - Request for Directions
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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 revised report (March 24, 2026) 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 revised report (March 24, 2026) from the City Solicitor, at the discretion of the City Solicitor.
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3. City Council direct that the balance of Confidential Attachment 1 to the revised report (March 24, 2026) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the revised report (March 24, 2026) remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the revised report (March 24, 2026) will be made public at the discretion of the City Solicitor. April 7, 2026 The confidential instructions to staff in Confidential Attachment 1 to the report (March 24, 2026) from the City Solicitor were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows: 1. City Council consent to the application made under subsection 42(1) of the Ontario Heritage Act and approve: a. the alterations to, and erection of a new building or structure on, the designated heritage property at 46 Spadina Avenue in accordance with subsection 42(1)1 and 42(1)2 of the Ontario Heritage Act, with conditions to allow for the construction of a 29-storey mixed-use building at 46-58 Spadina Avenue and 378 Wellington Street West, with such alterations being substantially in accordance with the plans and drawings dated February 13, 2026, prepared by Wallman Architects Inc., and the Heritage Impact Assessment prepared by ERA Architects, dated July 22, 2022, as revised and amended on October 29, 2024 and February 13, 2026, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the conditions as set out below; and b. the demolition of a non-contributing buildings/structures, and erection of a new building or structure, on the property at 46 Spadina Avenue (the two outbuildings) and 58 Spadina Avenue in accordance with subsection 42(1)4 and 42(1)2 of the Ontario Heritage Act, with conditions to allow for the construction of a 29-storey mixed-use building at 46-58 Spadina Avenue and 378 Wellington Street West with such approval being substantially in accordance with the plans and drawings dated February 13, 2026, prepared by Wallman Architects Inc., and the Heritage Impact Assessment prepared by ERA Architects, dated July 22, 2022, as revised and amended on October 29, 2024 and February 13, 2026, on file with the Senior Manager, Heritage Planning, all subject to and in accordance with the Conservation Plan satisfactory to the Senior Manager, Heritage Planning and subject to the conditions as set out below. 2. City Council direct that its consent to the application made under subsection 42(1)1, 42(1)2 and 42(1)4 of the Ontario Heritage Act for the properties at 46 Spadina Avenue and 58 Spadina Avenue is also subject to the following conditions: a. that the related Official Plan and Zoning By-law Amendments have come into full force and effect; b. prior to any issuance of any Ontario Land Tribunal Order in connection with the Official Plan and Zoning By-law Amendment appeals for the property at 46-58 Spadina Avenue and 378 Wellington Street West, the Owner shall provide a detailed Conservation Plan, prepared by a qualified heritage consultant that is consistent with the conservation strategy set out in the Heritage Impact Assessment prepared by ERA Architects, dated July 22, 2022, and as revised on October 29, 2024, and on February 13, 2026, which will be revised to illustrate the changes to the projecting balconies on the eastern and southern elevations increasing the height in which they start to at least 17.0 metres, all to the satisfaction of the Senior Manager, Heritage Planning; c. prior to the issuance of any permit for all or any part of the properties at 46 Spadina Avenue, 58 Spadina Avenue, and 378 Wellington Street West including a heritage permit or a building permit, but excluding permits for repairs and maintenance and usual and minor works for the existing heritage building, as are acceptable to the Senior Manager, Heritage Planning, the Owner shall: 1. provide a Heritage Lighting Plan that describes how the exterior of the heritage properties will be sensitively illuminated to enhance their heritage character to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 2. provide an Interpretation Plan for the subject properties, to the satisfaction of the Senior Manager, Heritage Planning and thereafter shall implement such Plan to the satisfaction of the Senior Manager, Heritage Planning; 3. submit a Signage Plan for the subject properties to the satisfaction of the Senior Manager, Heritage Planning; 4. provide building permit drawings, including notes and specifications for the conservation and protective measures keyed to the approved Conservation Plan required in Part 2.b. above, including a description of materials and finishes, to be prepared by the project architect and a qualified heritage consultant to the satisfaction of the Senior Manager, Heritage Planning; and 5. provide a Letter of Credit, including provision for upwards indexing, in a form and amount and from a bank satisfactory to the Senior Manager, Heritage Planning to secure all work included in the approved Conservation Plan and Interpretation Plan; and d. prior to the release of the Letter of Credit required in Part 2.c.5. above, the Owner shall provide a letter of substantial completion prepared and signed by a qualified heritage consultant confirming that the required conservation work and the required interpretive work has been completed in accordance with the Conservation Plan and Interpretation Plan and that an appropriate standard of conservation has been maintained, all to the satisfaction of the Senior Manager, Heritage Planning. 3. City Council authorize the City Solicitor and City staff to take all necessary and reasonable actions to implement City Council's decision. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (March 24, 2026) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (March 24, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.
On the agenda
As the city filed it
On August 10, 2022, Official Plan and Zoning By-law Amendment applications were submitted seeking permission for a 28-storey (93 metres, including mechanical penthouse) mixed-use building with retail at-grade along Spadina Avenue. The proposal included retail at grade, two levels of office, and 521 residential units above. The façade of the existing four-storey factory building was proposed to be retained and incorporated into the new development.
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On May 15, 2024, the owner submitted a revised proposal for a 30-storey (99 metres, including mechanical penthouse) mixed-use building with retail at-grade, no office component, and 550 residential units. On July 9, 2024, the owner appealed to the Ontario Land Tribunal due to Council not making a decision on the application within the timeframe prescribed by the Planning Act. The property at 46 Spadina Avenue (including 40, 42, 44 and 50 Spadina Avenue) includes a 4-storey building that was constructed in 1907 with later additions in the 1940s. It is known as the "Systems Building" and is identified as a contributing Industrial/Commercial building within the King-Spadina Heritage Conservation District Plan. The properties at 58 Spadina Avenue (including 60 Spadina Avenue) and 378 Wellington Street West are non-contributing properties in the King-Spadina Heritage Conservation District Plan. On July 16, 2024, the applicant submitted an application under Section 42 of the Ontario Heritage Act to alter the designated Systems Building and demolish three small adjacent buildings to allow for the construction of a new 30-storey mixed-use building within the King-Spadina Heritage Conservation District, which was approved by Council on March 26 and 27, 2025. The owner now seeks Council's consent for revised alterations to the Systems Building. Council requires the advice of the Toronto Preservation Board in respect of matters which may impact a designated heritage property.
Staff recommended
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff 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, at the discretion of the City Solicitor.
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3. City Council direct that 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 is about litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.
On the record
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