Item - 2023.EY5.15

The Etobicoke York Community Council recommends that:  

1. City Council grants authority to enter into the permanent easement agreement with Cloverdale for the airspace surrounding the existing Cloverdale Bridge over The East Mall, as shown on the Reference Plan in Appendix A and substantially on the terms and conditions outlined in Appendix B, to the report (April 27, 2023) from the Director, Transportation Planning and Capital Program, Transportation Services and on such further terms as may be acceptable to the General Manager, Transportation Services and in a form satisfactory to the City Solicitor.

The purpose of this report is to obtain the City Council's approval to grant a permanent easement to Cloverdale Mall Inc. (Cloverdale) for the airspace surrounding an existing bridge (Bridge) owned by Cloverdale, over The East Mall. To date, Cloverdale does not have a registered easement over this airspace but the decision of the Honourable Justice Susan Vella on July 27, 2021 in Cloverdale Mall Inc. v. City of Toronto, 2021 ONSC 5235, Court File No. CV-20-00636972 (the "Court Decision") confirmed that Cloverdale enjoys an implied easement of necessity over the airspace surrounding the bridge. This report is required to authorize the registration of an easement, on terms negotiated between Cloverdale and the City and acceptable to the City Solicitor, to give effect to the Court Decision.

The location and boundaries of the proposed easement in favour of Cloverdale are shown in Appendix A and substantially on the terms and conditions outlined in Appendix B.