Item - 2024.GG9.13

The General Government Committee recommends that:

1. City Council, as approving authority under the Expropriations Act, consider the report of the Ontario Land Tribunal in respect of the properties municipally known as 2 and 4 Greenview Avenue 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 fee simple interests of the properties municipally known as 2, 4, 6, 18, 22 and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, as set out in Appendix B, and those properties for which partial takings are required as set out in Appendix C to the report (December 20, 2023) from the Executive Director, Corporate Real Estate Management, for the purposes of constructing the Beecroft Road Extension Project.

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 the requisite Expropriation Plans, 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 2, 4, 6, 18, 22, and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, and to prepare and serve Offers of Compensation on all registered owners of 2, 4, 6, 18, 22, and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue, at the appraised value, all in accordance with the requirements of the Expropriations Act. If amicable acquisitions of the Property Requirements cannot be completed to accommodate the timelines of the Beecroft Road Extension Project.

5. City Council authorize the Director, Corporate Real Estate Management, or their designate, to sign the Offer of Compensation for the owners of the Property Requirements, on behalf of the City. 

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 of the Property Requirements by arbitration, appeal or settlement to the satisfaction of the City Solicitor. 

The General Government Committee recessed its public session to meet in closed session to consider this Item as it pertains to a proposed or pending acquisition or disposition of land by the City of Toronto (the "City") and advice that is subject to solicitor-client privilege.

On June 15 and 16, 2022, City Council authorized the initiation of expropriation proceedings for the fee simple interests of the ten properties municipally known as 2,4, 6, 18, 22, and 24 Greenview Avenue, 36, 38 and 41 Hendon Avenue and 5754 Yonge Street for the purpose of constructing Transportation Services' Beecroft Road Extension Project (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 a hearing of necessity (a “Hearing”) into whether the proposed taking is fair, sound, and reasonably necessary.

On March 6, 2023, a Hearing was held by the Ontario Land Tribunal with respect to the fee simple interests required from the owners of the properties municipally known as 2 and 4 Greenview Avenue. The City subsequently received a report from the Ontario Land Tribunal on November 29, 2023, concluding that the proposed takings of 2 and 4 Greenview Avenue are 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 under the Act to approve the expropriation of 2 and 4 Greenview Avenue.

No Hearing was requested or held in respect of 6, 18, 22 or 24 Greenview Avenue; 36 or 41 Hendon Avenue; or 5754 Yonge Street. A Hearing was requested for 38 Hendon Avenue, but was subsequently withdrawn by the property owner and no Hearing occurred.

This report seeks the approval of City Council, as approving authority under the Act, of the proposed expropriation of the nine properties municipally known as 2, 4, 6, 18, 22 and 24 Greenview Avenue; and 36, 38 and 41 Hendon Avenue (collectively known as the "Property Requirements"). 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. 5754 Yonge Street is not included at this time due to site specific challenges and authority will be sought at a later date.

The Property Requirements are set out in Appendix B.