Item - 2016.CC21.6

City Council on October 5, 6 and 7, 2016, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 28, 2016) from the Interim City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 28, 2016) from the Interim City Solicitor and City Council direct that the balance of Confidential Attachment 1 remain confidential at the discretion of the City Solicitor.

The following confidential instructions to staff in Confidential Attachment 1 to the report (September 28, 2016) from the Interim City Solicitor were adopted by City Council and are now public:

1. Council instruct the Interim City Solicitor to settle the appeals of the Zoning By-law Amendment, Draft Plan of Subdivision and Site Plan Control applications in accordance with the terms set out in the September 19, 2016 letter from Goodmans LLP, as amended by its supplementary email dated September 26, 2016, together the "Settlement Offer".

2.  City Council authorize the Interim City Solicitor, and other appropriate staff, to attend the Ontario Municipal Board hearing scheduled to commence on November 17, 2016, in support of the Zoning By-law Amendment application, Draft Plan of Subdivision application and Site Plan approval application of Actonbridge Holding Corp. as described in Attachment 1 to the report (September 28, 2016) from the Interim City Solicitor, for the reasons set out in Attachment 1 to the report (September 28, 2016) from the Interim City Solicitor, subject to the following conditions being addressed to the satisfaction of the Interim City Solicitor:

a. the built form of the proposal will be substantially as set out in Attachment 2 and the Settlement Plans as set out in Attachment 3 to the report (September 28, 2016) from the Interim City Solicitor;

b. the Interim City Solicitor and the Chief Planner and Executive Director, City Planning be jointly authorized to support minor changes to the final built form of the development proposal; and

c. the Interim City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, be authorized to finalize the elements of the settlement, including the zoning by-law(s) amendment, the draft plan of subdivision and associated draft plan conditions, site plan approval and any other related planning instruments and be authorized to request that the Ontario Municipal Board approve the development in accordance with City Council's decision.

The balance of Confidential Attachment 1 to the report (September 28, 2016) from the Interim 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 and information regarding litigation. The balance of Confidential Attachment 1 to the report (September 28, 2016) from the Interim City Solicitor will be made public at the discretion of the City Solicitor.