Item - 2022.CC47.29

City Council on July 19, 20, 21 and 22, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential 2 to the report (July 8, 2022) from the City Solicitor at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remain confidential, as it contains advice and information that is subject to solicitor-client privilege.

Confidential Attachment 1 and Confidential 2 to the report (July 8, 2022) 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 and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1, and Confidential Attachment 2 to the report (July 8, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

October 12, 2022

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1. City Council refuse the Settlement Offer dated July 7, 2022 in Confidential Attachment 2 to the report (July 8, 2022) from the City Solicitor.

2. City Council direct the City Solicitor to counter-offer to settle the appeal with the Appellant on the terms set out in the Settlement Offer dated July 7, 2022, subject to the Appellant agreeing to the modification of the proposed Site Area Specific Policy by deleting the following policy, with the remainder of the Site Area Specific Policy renumbered accordingly:

v. no building setbacks are required along the common property line between Core Employment Areas designation (Area A) and the Mixed Use Areas designation.

3. If the Appellant accepts the offer referred to in Part 2 above, City Council authorize the City Solicitor to request that the Ontario Land Tribunal modify and partially approve Official Plan Amendment 231 in a manner consistent with the City's offer.

4. If the Appellant accepts the offer referred to in Part 2 above, City Council authorize the City Solicitor to request that Appeal 1 of Official Plan Amendment 231 be allowed in part, on the basis of the requested modifications to and partial approval of Official Plan Amendment 231.

5. City Council authorize and direct the City Solicitor to take the necessary action to give effect to Parts 1, 2, 3 and 4 above.

Confidential Attachment 2 to the report (July 8, 2022) from the City Solicitor is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 8, 2022) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege.