There is an agreement for the existing project to the 308m height - however my understanding of legislation is that the subsequent rezoning for 338m in height would not be eligible for the old type of Section 37 and the subsequent density would instead be required to pay CBCs. The deadline for registering new Section 37 Agreements was September 2022.The Planning report is very clear that it does exist, on this app.
The first part of the above is entirely plausible; the second does not accurately describe this particular situation. The City is very much concerned about no sun at all on this park and school yard. (not just this app. in isolation.)
Concerns regarding Jesse Ketchum may indeed be substantiated, but the impact from this proposal is mid-morning when the park already experiences substantial shadowing. For Jesse Ketchum, I'd be concerned about shadow impacts in the afternoon when the park mostly receives uninhibited sun right now, particularly during school lunch hour - which this does not impact.
These types of things are reviewed in that kind of detail at the OLT - and I'm sure Bousfield's testimony if it gets to a hearing will explain this type of nuance when reviewing shadow impacts. Similar justifications have resulted in some strong OLT rulings against the city in the past (see 307 Sherbourne, where the OLT more or less told the city it was out to lunch on shadow impacts on Allan Gardens).