Item - 2024.GG13.13

The General Government Committee recommends that:

1. City Council authorizes the Executive Director, Corporate Real Estate Management, to continue negotiations to acquire the property interests set out in Appendix A (the "Property Requirements") to the report (May 15, 2024) from the Executive Director, Corporate Real Estate Management, and as illustrated in the draft reference plan set out in Appendix B to the report (May 15, 2024) from the Executive Director, Corporate Real Estate Management, and City Council authorize the initiation of expropriation proceedings for the Property Requirements, for the purposes of a permanent fire ventilation storage room and temporary access for construction staging, if the Executive Director, Corporate Real Estate Management, deems it necessary or appropriate to proceed in that manner.

2. City Council grants authority to serve and publish the Notices of Application for Approval to Expropriate Land for the Property Requirements, to forward to the Ontario Land Tribunal any requests for hearings that are received, to attend the hearing(s) to present the City's position, and to report the Ontario Land Tribunal's recommendations to City Council for its consideration.

This report seeks authority to initiate expropriation proceedings for a permanent and temporary easement interest in part of the property municipally known as 396 St. Clair Avenue West, for the purpose of the Toronto Transit Commission's (the "T.T.C.") St. Clair West Station Fire Ventilation Upgrade Project (the "Project").

This is Stage 1 of the expropriation process. Should City Council adopt the recommendations in this report, staff will serve and publish the Notice of Application for Approval to Expropriate Land 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.

Staff will 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 an expropriation plan(s), which would then be followed by the service of notices as required by the Act.

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