Coun. Justin Di Ciano told his Toronto city council colleagues Tuesday he has sought "expert legal advice" and looks forward to voting Wednesday morning on controversial changes to a land planning report.

The changes were first proposed last month by Di Ciano. If approved, they would clear a hurdle for Dunpar Developments, which wants to build 72 townhomes and a commercial building in south Etobicoke. As CBC News reported last month, both Di Ciano and his twin brother Julien have had ties to the company.

Di Ciano, who represents Ward 5 Etobicoke-Lakeshore, has said in the past he would not vote on issues related to Dunpar as long as his brother was an employee. Last month he told CBC's John Lancaster he was no longer worried about any appearance of conflict because his brother "doesn't work" for the developer anymore.

Councillor's brother maintained relationship with developer

But CBC News has learned Julien Di Ciano has maintained a relationship with Dunpar since leaving the company.

Public records show Julien Di Ciano incorporated Fountain Hill Consulting and Construction in November 2015.

Fountain Hill's address is registered to 1092 Islington Ave. in Etobicoke — a building owned by a numbered company registered to Dunpar president John Zanini. When CBC News visited the office last month, Fountain Hill's signage was affixed to the wall outside a second floor office. Dunpar's head office is in a building next door.

The land at 1092 Islington Ave. is set to become a Dunpar townhome development. No formal application has been submitted to the city, but several real estate brokers are currently offering "pre sales" for townhomes on the site.

​On Tuesday, when councillors were asked to declare any potential conflicts of interest, Di Ciano stood in the council chamber and said: "I have sought expert legal advice under the provisions of the Municipal Conflict of Interest Act and have received advice that is crystal clear. I am not foreclosed by the act from debating, voting and participating in this matter before council and I look forward to debating this issue when it comes forward."

City staff report said land not suitable for homes

Last month, Di Ciano urged members of the city's planning and growth committee to support his proposed amendments that would rezone lands to allow residential construction on a section of mostly industrial and commercial property on Judson Street in south Etobicoke.

City planners, Metrolinx and a group of local residents had urged councillors not to rezone the Judson Street lands because of their proximity to a busy rail line and the expanding Metrolinx rail yard that the agency said will soon be operating 24 hours a day, seven days a week.

The planning and growth committee adopted Di Ciano's amendment and voted 4-2 to change the report's original recommendations.

Council can approve the amended report today, or choose to support the original staff recommendations. The report, titled Mimico-Judson Secondary Plan and Urban Design Guidelines, took professional planners three years to complete and cost $200,000.

Dunpar owns three properties on the Judson lands and has made a conditional offer to buy a fourth. Late last year, Dunpar submitted an application asking the city to rezone the lands so it can build the 72 townhomes and a commercial building.

After asking for the change to the staff report, Di Ciano said in an interview: "The planners' assumptions just aren't in conjunction with the regeneration that's been asked by the community to regenerate the site." The lands are not in Di Ciano's ward.

Justin Di Ciano and his brother, Julian, during Justin's electoral campaign for Toronto city council in 2014. (Facebook)

CBC News later asked the councillor if he was aware his twin brother continued to have a relationship with Dunpar. His lawyer David Potts responded in an email, "my client does not know when his brother incorporated his company."

"Do you believe my client should now continuously cross reference his brothers customer list so to ensure he doesn't vote of any application that might include any of the thousands of potential developers in Ontario that his brother might provide services too now or in the future?" Potts added.

After CBC News began asking questions about the councillor's relationship with the developer, Julien Di Ciano's LinkedIn account was changed twice over a few days. At first the account listed him as a current employee of Dunpar, then it was changed to say he stopped working there for Dunpar in August 2014. The final change indicated he left Dunpar in July 2015.

Coun. Di Ciano's brother Julien was working at Dunpar when he took leave to manage the councillor's 2010 and 2014 municipal election campaigns.

During the 2010 campaign, Di Ciano helped start a 12,000 square foot community garden on Dunpar-owned land on Bloor St. west near Kipling Ave. He said at the time the goal was to teach "at risk" youth to grow vegetables and help feed needy families. In 2013, the developer removed the garden and built townhomes.

John Lancaster can be contacted at: john.lancaster@cbc.ca or 416-205-7538