Item - 2023.GG4.24

The General Government Committee recommends that:  

1. City Council, as approving authority under the Expropriations Act, consider the report of the Ontario Land Tribunal attached as Appendix A to the report (May 15, 2023) from the Executive Director, Corporate Real Estate Management.

2. City Council, as approving authority under the Expropriations Act, approve the expropriation for permanent and temporary easements required from the owners of the properties known municipally as 19, 21, 23, 25 and 27 Halford Avenue (the "Property Requirements") as set out in Appendix B to the report (May 15, 2023) from the Executive Director, Corporate Real Estate Management for municipal purposes including (i) the removal of the current retaining wall, (ii) the construction and of a new retaining wall, and (iii) all works ancillary thereto (the "Project").

3. City Council authorize the City of Toronto, as expropriating authority under the Expropriations Act, to take all necessary steps to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan, and service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

4. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate to obtain an appraisal report to value the Property Requirements, and to prepare and serve an Offer of Compensation on all registered owners of 19, 21, 23, 25 and 27 Halford Avenue, at the appraised value, all in accordance with the requirements in the Expropriations Act.

5. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate to sign the Offer of Compensation for the owners of 19, 21, 23, 25 and 27 Halford Avenue, on behalf of the City. 

6. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (May 15, 2023) from the Executive Director, Corporate Real Estate Management once there has been a final determination of all claims and compensation payable to the owners of 19, 21, 23, 25 and 27 Halford Avenue by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

On October 1 and 4, 2021, City Council authorized the initiation of expropriation proceedings for permanent and temporary easements required from the owners of the properties known municipally as 19, 21, 23, 25 and 27 Halford Avenue (the "Property Requirements"). The acquisition of these easements is essential to Transportation Services' project to (i) the removal of the current retaining wall, (ii) the construction and of a new retaining wall, and (iii) all works ancillary thereto (the "Project").

This report relates to the second stage of the expropriation process. During the first stage and in accordance with the Expropriations Act (the "Act"), Notices of Application for Approval to Expropriate were served on all applicable "registered owners", who had 30 days to request an inquiry into whether the proposed taking is fair, sound, and reasonably necessary.

On February 3, 2021, a hearing was held by the Ontario Land Tribunal (the "OLT") with respect to the temporary and permanent easements required from the owner of the property municipally known as 19 Halford Avenue. The City subsequently received a report from the Ontario Land Tribunal on April 19, 2023 concluding that the proposed temporary and permanent easements required from the owner of 19 Halford Avenue was fair, sound and reasonably necessary.

To comply with the legislative requirements of the Act, the report of the Ontario Land Tribunal, attached as Appendix A to this report, must be considered by City Council before it exercises its discretion as approving authority to authorize the expropriation by this Stage Two Report. If authorized, the Expropriation Plans will be registered and associated notices served. Statutory Offers of Compensation must be served prior to the City taking possession of the expropriated properties.

The Property Requirements have changed slightly since Council's initial approval of the expropriation in October 2021 and are set out in Appendix B and shown on Appendices B1 to and including B5.