Partial expropriation for bus rapid transit project found reasonably necessary; property impacts deferred to compensation.
The property owners requested a Hearing of Necessity under the Expropriations Act regarding the City's proposed partial expropriation of their property for a bus rapid transit project.
The City sought a permanent partial taking for a daylight triangle and hydro easement, as well as a temporary construction easement.
The owners argued the taking would negatively impact their ability to rent the property and reduce their front yard.
The Tribunal accepted the City's expert engineering evidence, finding the project serves the public interest by improving transportation capacity and infrastructure.
The Tribunal concluded the proposed expropriation is fair, sound, and reasonably necessary to achieve the City's objectives, noting that the owners' concerns regarding property impacts should be addressed through compensation rather than the necessity hearing.
OLTOntario Land TribunalOct 10, 2024
