A. Kanner

The City of Toronto proposed to expropriate leasehold and freehold lands owned by Brookfield for the Bloor-Yonge Capacity Improvement project, specifically to relocate a chiller plant.

Brookfield opposed the expropriation of the leasehold lands as premature and the full freehold taking as excessive.

The Ontario Land Tribunal held a hearing of necessity and found that the proposed construction is for a critical public purpose with a strict schedule.

The Tribunal recommended that the expropriations proceed as proposed.

At a second Case Management Conference regarding a hearing of necessity for an expropriation by the City of Toronto, the claimant requested further disclosure of documents.

The Tribunal initially adjourned the CMC pending a formal motion for production, but rescinded the adjournment upon the City's objection.

The Tribunal found that the City had essentially met the disclosure requirements under subsection 7(4) of the Expropriations Act, noting that the subway station design was only 30% complete and many requested documents did not yet exist.

The Tribunal scheduled the hearing of necessity for July 2023.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated February 13, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal corrected the day of the week for a scheduled Case Management Conference from Wednesday, March 9, 2023, to Thursday, March 9, 2023.

A Case Management Conference was held regarding a Hearing of Necessity requested by the claimant under the Expropriations Act.

The dispute involves the City of Toronto's intent to expropriate interests for the Bloor-Yonge subway station expansion, specifically concerning the relocation of a chiller.

The Tribunal established a procedural timetable for the exchange of the Notice of Grounds and responses, and scheduled a further Case Management Conference.