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

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The decision

2024-09-05 · Toronto City Council · adopted

As filed

City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 23, 2024) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the report (August 23, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain advice that is subject to solicitor-client privilege.

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Confidential Attachment 1 and Confidential Appendix A to the report (August 23, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (August 23, 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 leasehold interest in the property municipally known as 300 Commissioners Street (the "Property") which are lands comprised of approximately 1.83 hectares, for municipal purposes including the proposed extension of Broadview Avenue (the "Extension"). The Property is located in the Port Lands at the north-west corner of Commissioners Street and Bouchette Street.

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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 west. 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 landlord under the ground lease was the Toronto Economic Development Corporation. The expropriated tenant, Port Lands Land Co. Limited Partnership (the "Claimant"), 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. 2. City Council direct that all information contained in Confidential Attachment 1 including the confidential recommendations therein and Confidential Appendix A are to remain confidential at the discretion of the City Solicitor as it contains advice and information which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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