Expropriation of 30 Newbridge Road and 36 North Queen Street - Request for Direction Regarding Ontario Land Tribunal Hearing

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The decision

2022-07-19 · Toronto City Council · adopted

As filed

City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (July 11, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

In 2018 City Council authorized the expropriation of the properties municipally known as 30 Newbridge Road and 36 North Queen Street (the "Properties"), comprising of approximately 73 acres, in order to complete the Toronto Transit Commission's Line 2 Modernization Plan. The Plan will accommodate future service levels by increasing the storage and maintenance capacity of its existing facilities for the future. The expropriated landowner has made a claim for damages pursuant to the Expropriations Act.

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A seven week hearing at the Ontario Land Tribunal (OLT) is scheduled to commence October 11, 2022. The purpose of this report is to request further instructions regarding mediation of the expropriation claim advanced by the expropriated landowner. This report deals with litigation that affects the City and contains advice or communications that are subject to solicitor-client privilege. The information concerning mediation and staff recommendations in this regard are being provided as confidential material.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential, as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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