Expropriation of 300 Commissioners Street - Request for Directions Regarding Ontario Land Tribunal Hearing

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The decision

2024-06-26 · Toronto City Council · adopted

As filed

City Council on June 26 and 27, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 18, 2024) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 to the report (June 18, 2024) remain confidential in its entirety at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

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Confidential Attachment 1 to the report (June 18, 2024) 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. Confidential Attachment 1 to the report (June 18, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On October 29-30, 2019, City Council authorized the expropriation of the property municipally known as 300 Commissioners Street (the "Property") which are lands comprised of approximately 1.83 hectares, for the purpose of the Broadview Avenue Extension into the Port Lands. The Property is located in the Port Lands at the north-west corner of Commissioners Street and Bouchette Street. The Property is a part of a larger block bordered by Commissioners Street to the south, Bouchette Street to the east, Lake Shore Boulevard East to the north, and Saulter Street South to the east.

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At the time of the expropriation, the Property was designated General Industrial Areas by the former City of Toronto Official Plan. Since the expropriation, the Property has been redesignated by the Ontario Land Tribunal's approval of the Central Waterfront Secondary Plan and is now designated as Regeneration Area. The Property was the subject of a ground lease at the time of expropriation. The expropriated tenant has served a claim for compensation on the City pursuant to the Expropriations Act. A four-week hearing at the Ontario Land Tribunal has been scheduled to commence on September 16, 2024. This report deals with litigation that affects the City and contains advice or communications that are subject to solicitor-client privilege. The purpose of this report is to seek further direction regarding the litigation and any potential resolution of the subject claim for compensation and the information in this regard are being provided as confidential material.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report from the City Solicitor. 2. City Council direct that the entirety of Confidential Attachment 1 remain confidential at the discretion of the City Solicitor 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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