Union Station Enhancement Project, Package 1 - Metrolinx Expropriation

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The decision

2024-10-09 · Toronto City Council · adopted

As filed

City Council on October 9 and 10, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2024) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the report (September 25, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor as they contain advice and information that are subject to solicitor-client privilege.

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Confidential Attachment 1 and Confidential Appendix A to the report (September 25, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice and information that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the report (September 25, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

Pursuant to the Expropriations Act and the Metrolinx Act, Metrolinx has expropriated areas of Union Station from the City for the purpose GO Expansion of constructing a south concourse that will connect to Union Station, being the Union Station Enhancement Project. On or around March 6, 2023, Osmington (Union Station) Inc. as head lessee. Osmington filed a Notice of Arbitration and Statement of Claim for compensation under the lease agreement between it and the City to the Ontario Land Tribunal.

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Metrolinx is named as the respondent in Osmington's claim. On May 15, 2023, the City filed a Notice of Arbitration and Statement of Claim for compensation to the Ontario Land Tribunal in respect of the expropriations which also named Metrolinx as the respondent. The Ontario Land Tribunal has held three case management conferences in respect of the City's claim and Osmington's claim and has scheduled a 40-day hearing to commence on June 9, 2025 at which time the City's claim and Osmington's claim will be heard together. The Ontario Land Tribunal has ordered the City, Osmington, and Metrolinx to complete discoveries in the litigation on or before November 1, 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 the information in this regard is 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 Confidential Appendix A and the confidential recommendations 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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