Application for Approval to Expropriate Parts of 2 Bloor Street East for the Bloor-Yonge Capacity Improvement Project - Stage 1

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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 authorize the Executive Director, Corporate Real Estate Management, or their designate, to continue negotiations to acquire part of the property municipally known as 2 Bloor Street East, as set out in Appendix A to the report (July 12, 2022) from the City Manager (the "Project Requirements") and as illustrated on the property sketch attached

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as Appendix B to the report (July 12, 2022) from the City Manager, and authorize the initiation of expropriation proceedings for the Project Requirements for the purposes of expanding the Bloor-Yonge interchange station as part of the Bloor-Yonge Capacity Improvement Project, if the Executive Director, Corporate Real Estate Management, or their designate, deems it necessary or appropriate to proceed in that manner. 2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to request the Lieutenant Governor in Council to make an order waiving the requirement for a hearing of necessity in accordance with section 6(3) of the Expropriations Act, if the Executive Director, Corporate Real Estate Management, or their designate, considers it necessary to maintain project timelines. 3. If the request to the Lieutenant Governor in Council set out in Part 2 above is made and approved, City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to serve a copy of the order made under section 6(3) of the Expropriations Act on each registered owner affected by the intended expropriation. 4. If the request to the Lieutenant Governor in Council set out in Part 2 above is not made, or is made but is not approved, City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish the Notices of Application for Approval to Expropriate Land for the Project Requirements, to forward to the Ontario Land Tribunal any requests for hearings received, to attend the hearing(s) to present the City's position, and to report the Ontario Land Tribunal's recommendations to City Council for its consideration.

On the agenda

As the city filed it

On May 11, 2022, City Council authorized the expropriation of parts of 2 Bloor Street East and 90 Bloor Street East for the purposes of expanding the Bloor Yonge interchange station as part of the Toronto Transit Commission ("T.T.C.") Bloor Yonge Capacity Improvement ("B.Y.C.I") project (the "Project"). In order to meet T.T.C.'s construction timelines this report seeks authority to initiate expropriation proceedings for the partial fee simple taking from the freehold property located in the property municipally known as 2 Bloor Street East, for the purposes of the Project.

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This is Stage One of the expropriation process. Should City Council adopt the recommendations in this report, City staff may serve and publish the Notice of Application for Approval to Expropriate on each registered owner. City staff will request that the Lieutenant Governor in Council make an order waiving the right of a registered owner to request a hearing of necessity, in accordance with Section 6(3) of the Expropriations Act (the "Act"), which provides that the Lieutenant Governor in Council may, in special circumstances where the Lieutenant Governor in Council considers it necessary or expedient in the public interest to do so, direct that an intended expropriation shall proceed without a hearing. The City shall provide a copy of any order made in accordance with the Act to all registered owners. Should City Council adopt the recommendations in this report, and the Lieutenant Governor in Council does not make an order in accordance with the Act, staff may serve and publish the Notice of Application for Approval to Expropriate on each registered owner. Owners, as defined in the Act, will have thirty (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 Two report, providing details on property values and other costs. The proposed expropriation would only be effected, after adoption by City Council, as approving authority, of the Stage Two report, by registration of an expropriation plan, which would then be followed by the service of notices as required by the Act. Before the City can take possession of the expropriated property, offers of compensation based on appraisal reports must be served on each registered owner.

Staff recommended

The City Manager recommends that: 1. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to continue negotiations to acquire part of the property municipally known as 2 Bloor Street East, as set out in Appendix A (the "Project Requirements") and as illustrated on the property sketch attached as Appendix B, and authorize the initiation of expropriation proceedings for the Project Requirements for the purposes of expanding the Bloor-Yonge interchange station as part of the Bloor-Yonge Capacity Improvement Project, if the Executive Director, Corporate Real Estate Management, or their designate, deems it necessary or appropriate to proceed in that manner.

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2. City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to request the Lieutenant Governor in Council to make an order waiving the requirement for a hearing of necessity in accordance with section 6(3) of the Expropriations Act, if the Executive Director, Corporate Real Estate Management, or their designate, considers it necessary to maintain project timelines. 3. If the request to the Lieutenant Governor in Council set out in recommendation 2 is made and approved, City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to serve a copy of the order made under section 6(3) of the Expropriations Act on each registered owner affected by the intended expropriation. 4. If the request to the Lieutenant Governor in Council set out in recommendation 2 is not made, or is made but is not approved, City Council authorize the Executive Director, Corporate Real Estate Management, or their designate, to serve and publish the Notices of Application for Approval to Expropriate Land for the Project Requirements, to forward to the Ontario Land Tribunal any requests for hearings received, to attend the hearing(s) to present the City's position, and to report the Ontario Land Tribunal's recommendations to City Council for its consideration.

On the record

The item as the City filed it

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