Item - 2025.GG21.17

The General Government Committee recommends that:

1. City Council authorize 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 (April 28, 2025) from the Executive Director, Corporate Real Estate Management, and as illustrated in the sketches set out in Appendix B to the report (April 28, 2025) from the Executive Director, Corporate Real Estate Management, and City Council authorize the initiation of the expropriation proceedings for the Property Requirements, for the purpose of completing the Mid-Town Storm Sewer Relief project, if the Executive Director, Corporate Real Estate Management, deems it necessary or appropriate to proceed in that manner.

2. City Council grant 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 any 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 temporary easements interests in parts of the properties municipally know as 239 Hillhurst Boulevard, 243 Hillhurst Boulevard and 595 St. Clements Avenue for the purpose of completing Engineering and Construction Services’ Mid-Town Storm Sewer Relief 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 may 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 expropriations 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 can take possession of the expropriated properties, offers of compensation based on appraisal reports must be served on each registered owner.