Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 29, 2023
CASE NO(S).:
OLT-22-004700
PROCEEDING COMMENCED UNDER section 6(2) of the Expropriations Act, R.S.O. 1990, c. E.26.
Expropriating Authority:
City of Toronto
Property Owner:
776022 Ontario Limited
Property Address:
2 Greenview Avenue
Municipality/UT:
City of Toronto
OLT Case No:
OLT-22-004700
OLT Lead Case No:
OLT-22-004700
OLT Case Name:
776022 Ontario Limited v Toronto (City)
PROCEEDING COMMENCED UNDER section 6(2) of the Expropriations Act, R.S.O. 1990, c. E.26.
Expropriating Authority
City of Toronto
Property Owner
2017253 Ontario Inc.
Property Address:
4 Greenview Avenue
Municipality/UT:
City of Toronto
OLT Case No:
OLT-22-004701
OLT Lead Case No:
OLT-22-004700
Heard:
March 16, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
City of Toronto:
N. Muskat
776022 Ontario Ltd. 2017253 Ontario Inc. 2 and 4 Greenview Avenue
L. English
REPORT OF THE TRIBUNAL DELIVERED BY GILLIAN BURTON
Introduction and Background
1This is a Report to the Expropriating Authority, the City of Toronto, following the requests of the Owners of the above-noted parcels of land for a so-called Hearing of Necessity.
2This Inquiry was held pursuant to section 7 of the Expropriations Act, RSO 1990, c. E.26 as amended (“the Act”) to determine whether the proposed takings (“Proposed Takings”) by the City of Toronto are “fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority” as the Act states, or are “reasonably defensible” as the courts have interpreted this test.
3The combined Hearing was held electronically on March 16, 2023.
4The City of Toronto relied on the following reasons for the proposed expropriations, as set out in its Notice of Grounds (Exhibit 2):
I. Transportation Services ("TS") proposes to expropriate the properties municipally known as 2, 4, 6, 18, 22, 24, 36, 38 and 41 Greenview Avenue, 36, 38 , and 41 Hendon Avenue, and 5754 Yonge Street (the "Proposed Takings") for the purposes of completing the Beecroft Road Extension Project (the “Project”).
II. The Proposed Takings […] are required as part of the Project, namely, the road widening of Beecroft Road from Finch Ave W. to Drewry Avenue, identified as a vital part of the road network in the North York Centre (shown in Tab 1, Report to Council, in Book of Documents - Exhibit 1).
III. In 1993 the City undertook an environmental assessment (Uptown Service Road and Associated Road Network Environmental Assessment - the "1993 EA" (see Tab 3 in Exhibit 1) to identify the best means of providing transportation infrastructure for the development proposed within the (then) Uptown and Downtown Plans for North York (now the “North York Centre Secondary Plan”, NYCSP - Tab 4).
IV. The Proposed Takings are located in the area identified in the 1993 EA as part of the transportation network infrastructure required to support growth and development priorities in the North York Centre.
V. The implementation of the Beecroft Road extension (identified as the “North York Centre North Service Road” in the NYCSP) has been advancing in a phased manner since 1993. The segment between Finch Ave W. and Drewry Avenue is the last step in completing the road as planned in the 1993 EA.
VI. The Proposed Takings will allow the City to complete the extension of the North Service Road, and support the planned densities contemplated therein.
VII. As a result, in the City’s view the Proposed Takings are fair, sound and reasonably necessary to achieve the Project.
5At the Hearing of this matter, the City relied on the staff report to Council dated May 24, 2022, the various attachments thereto and materials provided in the Document Disclosure Book prepared for this hearing.
6Mr. Muskat for the City outlined the critical nature of this segment of the Ring Road in the Secondary Plan, and that it be completed in a safe and logical manner to support planned densities. Mr. English for the owners stressed that the proposed partial takings here left these portions out of the owners’ developable lands, as accumulated. They also own 38 and 40 Finch Ave. West and 7 Eldora Ave.
7The City’s evidence was provided by Mr. C. Romero, Senior Project Manager, who outlined the development of the Ring Road since the Environmental Assessment in 1993. Finch Avenue to Drewry would be the last segment constructed. He stressed that it must be a full taking as proposed, since the structures would be seriously affected. In cross examination, he admitted he was not a transportation engineer but has been involved in many environmental assessments as an urban designer.
8Here the lands to be taken were first identified in the North York Centre Secondary Plan, Map 811, but only in outline. Then, as is usual, a detailed design process followed. Other nearby lands owned by Mr. English’s clients were specified. There is no building at present on #4 Greenview. Details of Official Plan designations were provided.
Findings and opinion
9The Tribunal agrees with the City that a full taking of the parcels proposed is required. The ownership structure is not critical here, even if the City is not so bound by restrictions as a private owner. The extent of the right of way has been known for many years. The owner’s development intentions should not govern here but the public interest in effective transportation.
10Therefore, the Tribunal would recommend the taking of the fee simple interest in the lands know municipally as 2 and 4 Greenview Avenue in the City of Toronto and legally described as PT LT 76 PLAN 2419 NORTH YORK AS IN TB536063;
S/T & T/W TB536063; TORONTO (N YORK) CITY OF TORONTO, being all of PIN 10141-0196 (LT) and, a CONSOLIDATION OF VARIOUS PROPERTIES – PART OF LOTS 76, 77 ON PLAN 2419 AS IN TB628546, NORTH YORK, CITY OF TORONTO, being all of PIN 10141-0705 (LT) respectively.
“G. Burton”
G. BURTON
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.