Item - 2024.GG9.12

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, as approving authority under the Expropriations Act, approve the expropriation of the entirety of the property municipally known as 1430 Gerrard Street East (the “Property”), as set out in Appendix B and as identified as Part 1 on the draft Expropriation Plan attached as Appendix B1 to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management.

3. 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 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 prepare, execute and serve offers of compensation based on a report appraising the market value of the Property in accordance with the requirements of the Expropriations Act.

5. 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 all compensation payable to the owners by arbitration, appeal, or settlement to the satisfaction of the City Solicitor.

On March 9, 2022, City Council authorized the initiation of expropriation proceedings for the entirety of the property municipally known as 1430 Gerrard Street East (the “Property”) for the purpose of creating permanent affordable rental housing.

On October 6, 2023, a hearing was held by the Ontario Land Tribunal in respect of the proposed full fee expropriation. The City subsequently received a report from the Ontario Land Tribunal on December 11, 2023, concluding that the proposed taking is fair, sound and reasonably necessary in the achievement of the objectives of the City.

To comply with the legislative requirements of the Expropriations 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 approve the expropriation.

This report seeks the approval of City Council, as approving authority under the Expropriations Act, of the proposed expropriation and authorization for the City, as expropriating authority under the Expropriations Act, to serve all required statutory notices and make offers of compensation in accordance with the Expropriations Act.

The Property is set out in Appendix B and shown on the draft expropriation plan as Appendix B1.

Following the completion of expropriation proceedings, staff will report back to Council on any next steps or direction required to advance the permanent affordable housing program at the site.