34 to 70 Montgomery Avenue - Ontario Land Tribunal Hearing - Request for Consent to Review Tribunal Decision

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The decision

2026-04-22 · Toronto City Council · amended

As filed

City Council on April 22 and 23, 2026, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to motion 1. 2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 8, 2026) from the City Solicitor, as amended by motion 1. 3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to motion 1 and in Confidential Attachment 1 to the report (April 8, 2026) from the City Solicitor, as amended by motion 1.

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4. City Council direct that the balance of Confidential Attachment 1 to the report (April 8, 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. The confidential instructions to staff in Confidential Attachment 1 to motion 1, were adopted by City Council and are now public as follows: 1. City Council consent to Graywood Montgomery Limited Partnership filing a request to review the Ontario Land Tribunal's decision of July 22, 2024, with respect to the appeals of the Official Plan Amendment and Zoning By-law Amendment Applications for 34-70 Montgomery Avenue (OLT-23-000647), pursuant to Rule 25.8 of the Tribunal's Rules of Practice and Procedure. The confidential instructions to staff in Confidential Attachment 1 to the report (April 8, 2026) from the City Solicitor, as amended by motion 1, were adopted by City Council and are now public as follows: 1. City Council authorize the City Solicitor to take all necessary and reasonable actions to implement City Council's decision. The balance of Confidential Attachment 1 to the report (April 8, 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 (April 8, 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 July 22, 2024, the Ontario Land Tribunal issued a decision in respect of a settlement of appeals filed by First Capital Realty Inc. from City Council's failure to make a decision on its applications for an Official Plan Amendment and a Zoning By-law Amendment for the lands municipally known as 34 to 70 Montgomery Avenue. The Ontario Land Tribunal withheld its final order on the Appeals pending the Applicant's satisfaction of various conditions.

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The Ontario Land Tribunal decision is attached as Public Attachment 2. On March 30, 2026, the City Solicitor's office received a letter from the solicitor for the new owner of the Site, Graywood Montgomery Limited Partnership, wherein the Owner seeks City Council's consent to file a review request of the Tribunal's July 22, 2024 decision to proceed with a revised proposal. The letter is attached as Public Attachment 1. The City Solicitor requires further directions in respect of the Owner's request for consent to file a review request of the July 22, 2024 decision with the Tribunal.

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 if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to this report from the City

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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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