Expropriation of condominium lands for subway elevator construction access found fair, sound, and reasonably necessary.
The City of Toronto sought to expropriate fee simple interests and temporary easements from a condominium corporation to construct elevators at the Old Mill Subway Station.
The condominium corporation requested an inquiry under section 7 of the Expropriations Act, objecting to the use of its breezeway for heavy construction vehicle access due to concerns about the structural stability of its underground parking garage roof and safety risks.
The Tribunal considered competing expert evidence on the garage's weight-bearing capacity and evaluated alternative access routes.
The Tribunal concluded that the proposed takings were fair, sound, and reasonably necessary to achieve the objective of improving transit accessibility, finding the alternatives unsatisfactory.
OLTOntario Land TribunalFeb 27, 2024
