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Toronto City Council · 2026-03-25 · 2026.CC39.9

The filed record

444 to 468 Eglinton Avenue West - Official Plan and Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - 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 report (March 11, 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 report (March 11, 2026) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (March 11, 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.

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The confidential instructions to staff in Confidential Attachment 1 to the report (March 11, 2026) 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 March 6, 2026, set out in Confidential Appendix A to the report (March 11, 2026) 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 Official Plan Amendment and Zoning By-law Amendment are to the satisfaction of the Executive Director, Development Review, the Chief Planner and Executive Director, City Planning and the City Solicitor; b. the owner has satisfactorily addressed the Engineering and Construction Services matters in the Engineering and Construction Services Memorandum dated August 16, 2023, or as may be updated, all to the satisfaction of the Director, Engineering Review, Development Review; c. the owner has satisfactorily addressed Transportation Services matters in the Transportation Services memo dated January 19, 2024, or as may be updated in response to further submissions filed by the owner, all to the satisfaction of the Director, Engineering Review, Development Review; d. the owner has submitted a revised Travel Demand Management Plan to the satisfaction of the Executive Director, Engineering Review, Development Review and the General Manager, Transportation Services, and the matters arising from such Plan have been secured, if required; e. the owner has submitted a revised Pedestrian Wind Study to the satisfaction of the Chief Planner and Executive Director, City Planning, and the matters arising from such Study have been secured, if required; f. the owner has satisfactorily addressed matters from the Urban Forestry, Tree Protection and Plan Review memorandum dated August 3, 2023, or as may be updated in response to further submissions filed by the owner, all to the satisfaction of the Executive Director, Environment, Climate and Forestry; and g. the owner has submitted an updated complete Toronto Green Standard Checklist and Statistics Template, to the satisfaction of the Chief Planner and Executive Director, City Planning. 3. City Council authorize the City Solicitor to take all necessary and reasonable actions to implement City Council's decision. Confidential Appendix A to the report (March 11, 202) 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 (March 11, 2026) 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 (March 11, 2026) from the City Solicitor will be made public at the discretion of the City Solicitor.

The vote

On the agenda

As the city filed it

On March 29, 2023, the City received an Official Plan Amendment and Zoning By-law Amendment application for 444 to 466 Eglinton Avenue West to permit the construction of a 19-storey (70.3-metre, inclusive of mechanical penthouse) mixed-use building containing 185 dwelling units and retail space on the ground floor. The applicant appealed City Council's neglect or failure to make a decision on the application to the Ontario Land Tribunal on July 19, 2024.

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At its meeting on November 13 and 14, 2024, City Council directed the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal hearing to oppose the application, and to continue discussions with the applicant to resolve outstanding issues. On January 18, 2025, the applicant submitted revised plans to the Ontario Land Tribunal. The Revised Proposal sought to permit a 31-storey (105.6-metre, inclusive of mechanical penthouse) mixed-use building with 322 dwelling units and retail space on the ground floor, and incorporated the lands located at 468 Eglinton Avenue West given a change in ownership. Between June 17 and June 25, 2025, the Ontario Land Tribunal held a contested hearing in respect of the Revised Proposal. On July 25, 2025, the Ontario Land Tribunal dismissed the applicant's appeal of the Revised Proposal in principle and directed the City and applicant to consider a resolution aligned with the Ontario Land Tribunal's findings. The Ontario Land Tribunal also directed the parties to advise the Ontario Land Tribunal within six months of the Decision's issuance on the status of discussions and requested next steps. On January 30, 2026, the Ontario Land Tribunal ordered a Hearing Continuation focused only on height, and if necessary, step backs. On March 11, 2026, the applicant submitted further revised plans to the Ontario Land Tribunal for the purpose of the Hearing Continuation (the "Hearing Continuation Plans"). The Hearing Continuation Plans propose a building of 26 storeys that is otherwise identical, in terms of built form, to the 31-storey proposal that was adjudicated by the Ontario Land Tribunal in the contested hearing. The City Solicitor requires further directions in respect of the Ontario Land Tribunal Hearing Continuation. This matter is urgent and should not 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

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