Item - 2024.GG12.17

The General Government Committee recommends that:  

1. City Council, as approving authority under the Expropriations Act (the "Act"), consider the report of the Ontario Land Tribunal attached as Appendix A to the report (April 17, 2024) from the Executive Director, Corporate Real Estate Management.

2. City Council authorize and direct the City to pay $200 in costs arising from the hearing to the expropriated owner of 2662 Bloor Street West, in accordance with the Act.

3. City Council, as approving authority under the Expropriations Act, approve the expropriation for the fee simple, permanent and temporary interests in the properties municipally known as 39 Old Mill Road, 2662 Bloor Street West and 21 Old Mill Road, as set out in Appendix C to the report (April 17, 2024) from the Executive Director, Corporate Real Estate Management, and shown on the Reference Plans attached as Appendix D (the "Property Requirements") to the report (April 17, 2024) from the Executive Director, Corporate Real Estate Management.

4. City Council authorize the City, as expropriating authority under the Act, to take all necessary steps to comply with the 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.

5. City Council authorize severally each of the Executive Director, Corporate Real Estate Management, and the Director, Transaction Services, Corporate Real Estate Management,  to prepare, execute and serve Offers of Compensation on all registered owners based on reports appraising the market value of the Property Requirements in accordance with the requirements of the Act.

6. City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (April 17, 2024) from the Executive Director, Corporate Real Estate Management, once there has been a final determination of the compensation payable to the property owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor. 

On February 2 and 3, 2022, City Council authorized the initiation of expropriation proceedings for fee simple, permanent and temporary interests in the properties municipally known as 39 Old Mill Road, 2662 Bloor Street West and 21 Old Mill Road shown on the location map and sketch in Appendix A, for the purpose of constructing elevators at Toronto Transit Commission Old Mill Subway Station as part of the Easier Access Phase III Project.

A hearing was held by the Ontario Land Tribunal in respect of the proposed expropriation on September 25, 26, 27, 28 and 29, 2023, and a report was received from the Ontario Land Tribunal on February 27, 2024, concluding that the takings are fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority.

To comply with the legislative requirements of the Expropriations Act, the report of the Ontario Land Tribunal, attached as Appendix B, must be considered by City Council before it exercises its discretion to approve the expropriation. 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 are set out in Appendix C and shown on the reference plan attached as Appendix D.