Temporary easement for driveway regrading found fair, sound, and reasonably necessary for LRT project.
The property owners requested a Hearing of Necessity under the Expropriations Act regarding Metrolinx's application to expropriate a temporary easement over a portion of their driveway.
The easement was required to regrade and repave the driveway to tie into a newly constructed sidewalk for the Hazel McCallion LRT project.
The owners argued the expropriation was unnecessary and overly broad.
The Tribunal found that the regrading was required to achieve proper stormwater drainage and access, which could not be accomplished solely through work on the public right-of-way.
The Tribunal concluded the proposed expropriation was fair, sound, and reasonably necessary, but recommended including a fixed two-year expiry date to provide certainty to the owners.
OLTOntario Land TribunalApr 9, 2026
