Item - 2021.GL25.12

The General Government and Licensing Committee recommends that:  

1. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to continue negotiations for the acquisition of the Lands listed in Appendix A to the report (August 31, 2021) from the Executive Director, Corporate Real Estate Management and shown on the draft Reference Plans attached as Appendix B and on the maps attached as Appendix C to the report (August 31, 2021) from the Executive Director, Corporate Real Estate Management, and City Council authorize the initiation of expropriation proceedings for the Lands for the purposes of constructing a second exit at Toronto Transit Commission Summerhill Station.

2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish the Notices of Application for Approval to Expropriate the Lands, to forward to the Ontario Land Tribunal any requests for inquiries received, to attend the hearing(s) to present the City of Toronto's position, and to report the Inquiry Officer's recommendations to City Council for its consideration.

As part of the Fire Ventilation Upgrade Project, of which the Second Exit Project (the "Project") is a component of, the Toronto Transit Commission needs to construct another exit at Summerhill Subway Station (the "Station") to provide a second means of entry and exit from the Station. This report seeks authority to acquire permanent and temporary easement property interests (collectively the "Lands") in order to construct a second exit at the Station.

This is Stage 1 of the expropriation process. Should City Council adopt the recommendations in this report, City staff may serve and publish the Notice of Application for Approval to Expropriate on each registered owner. Owners, as defined in the Expropriations Act (the "Act"), will have 30 days to request a hearing into whether the City's proposed taking is fair, sound and reasonably necessary.

City staff may report back to City Council with a Stage 2 Report, providing details on property values and other costs, and if a hearing is requested, the report of the Ontario Land Tribunal. The proposed expropriation would only be effected, after adoption by City Council, as approving authority, of the Stage 2 report, by registration of expropriation plans, which would then be followed by the service of notices as required by the Act.

Before the City can take possession of the expropriated project requirements, offers of compensation based on appraisal reports must be served on each registered owner.