Proposed expropriation for railway expansion found reasonably necessary and defensible.
The claimant requested a Hearing of Necessity regarding the proposed expropriation of their lands by Metrolinx for the Kitchener Corridor Expansion project.
Metrolinx presented unchallenged expert evidence that a grade separation and flyover were necessary for safety and to accommodate increased rail traffic, and that the claimant's lands were the ideal location due to topography.
The Tribunal found that the proposed takings were fair, sound, and reasonably necessary to achieve the expropriating authority's objectives, and reported that the takings were reasonably defensible.
OLTOntario Land TribunalJun 3, 2024
