Item - 2024.GG9.11

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 (December 20, 2023) 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, 6524443 Canada Inc. (the "Owner"), in accordance with the Expropriations Act.

3. City Council, as approving authority under the Expropriations Act, approve the expropriation for the full, and the partial fee simple taking and temporary easements from the freehold and leasehold property located at 2 Bloor Street East and 90 Bloor Street East, as set out in Appendix B and shown in Appendix C (the "Property Requirements") to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management, for the purposes of expanding the Bloor Yonge interchange station as part of the Toronto Transit Commission Bloor Yonge Capacity Improvement Project.

4. City Council authorize the City, 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 the execution and service of Notices of Expropriation, Notices of Election and Notices of Possession, as may be required.

5. City Council authorize the Director, Transaction Services, Corporate Real Estate Management, or their designate, to execute the Notices of Expropriation and Notices of Possession, obtain an appraisal report to value the Property Requirements, and to prepare, execute, serve and pay out Offers of Compensation on all registered owners of 2 Bloor Street East and 90 Bloor Street East, at the appraised value, all in accordance with the requirements of the Expropriations Act.

6. City Council authorize the public release of Confidential Attachment 1 to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management once there has been a final determination of the compensation payable to the Owners by arbitration, appeal or settlement to the satisfaction of the City Solicitor. 

On May 11, 2022, City Council authorized the initiation of expropriation proceedings for the partial fee simple taking and temporary easements from the freehold and leasehold property located at 2 Bloor Street East and 90 Bloor Street East, and on July 19, 2022, City Council further authorized the initiation of expropriation proceedings for the full fee simple taking of the freehold property located at 2 Bloor Street East, for the purposes of expanding the Bloor Yonge interchange station as part of the Toronto Transit Commission Bloor Yonge Capacity Improvement Project (the "Project").

This report relates to the second stage of the expropriation process for both expropriations. 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 July 6 and 7, 2023, a hearing was held by the Ontario Land Tribunal with respect to the proposed full fee simple taking, and the partial fee simple and temporary easement takings of 2 Bloor Street East. The City subsequently received a report from the Ontario Land Tribunal on December 4, 2023, concluding that the proposed takings of 2 Bloor Street East is for a critical and necessary public purpose with a critical schedule, therefore it is recommended that the expropriation proceed as proposed. No hearing was requested or held in respect of 90 Bloor Street East.

To comply with the legislative requirements of the Act, the report of the Ontario Land Tribunal, attached as Appendix A, must be considered by City Council before it exercises its discretion as approving authority to authorize the expropriation by this second stage report. If authorized, the Expropriations 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 B and shown on the reference plans attached in Appendix C.