Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 13, 2023
CASE NO(S).: OLT-22-004661
PROCEEDING COMMENCED UNDER section 6(2) of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: 6524443 Canada Inc.
Expropriating Authority: City of Toronto/Toronto Transit Commission
Property Address: Bloor-Yonge Capacity Improvement Project (Various addresses)
Municipality/UT: City of Toronto
OLT Case No: OLT-22-004661
OLT Lead Case No: OLT-22-004661
OLT Case Name: 6524443 Canada Inc. v. City of Toronto
Heard: January 20, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 6524443 Canada Inc. | F. Sperduti, M. Grant |
| City of Toronto | A. Kanner, A. Valela |
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON AND D.S. COLBOURNE ON JANUARY 20, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a Case Management Conference (“CMC”) held prior to a Hearing in this matter to be held under section 7 of the Expropriations Act (“the Act”). A Hearing of Necessity (as it is called) was requested by the Owner (“Brookfield”) of both the freehold and leasehold lands, as set out in Attachment 1. The building directly above is mixed-use, and the main subway entrance is included within the existing structure. Certain Brookfield interests were subject to a Notice of Intent to Expropriate, served by the City of Toronto, for the purposes of expansion of the Bloor-Yonge subway station. This project is known as the Bloor-Yonge Capacity Improvement Project. The municipal addresses are 2 Bloor Street East and 90 Bloor Street.
2Ms. Kanner provided a brief explanation of the intended construction to increase the station platform area. The principal issue appears to be the replacement of an existing chiller, and construction of a platform for the new chiller. This must be placed next to the old before the new can function.
3Following a few procedural disputes, Mr. Sperduti challenged the conclusion that the chiller’s present location was the correct one or even if it needed to be replaced. If the intent was to construct within the leased lands, the complete demolition of structures would be required.
4He estimated that the hearing evidence would have to include two engineers for the City and the same for Brookfield. He requested that the requirement in s. 7(4) of the Expropriations Act for service of a Notice of Grounds at least five days prior to the Hearing be expanded to 60 days. At present, he argued, the engineering evidence is so complicated that this is the minimum required.
5Ms. Kanner stated that Brookfield has worked in close cooperation with the TTC here for many years. Fears that the structure above would collapse are not founded. It would be a stratified taking, necessitated by the need to “tie off” a live source, then reconnect it right next door. The actual location for the relocation of the chiller had been chosen by Brookfield itself.
6Mr. Sperduti asked for three days’ hearing time. The Tribunal settled on Wednesday, March 9, 2023 for another CMC, with service of the Notice of Grounds 15 days from January 20, 2023 and Response, if any, within 30 days of January 20, 2023.
7The Notice of Grounds will be served by Friday, February 10, 2023, and any response by Friday, March 3, 2023.
8A further CMC will be held on Wednesday, March 9, 2023.
9Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
10Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 909-787-981.
12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
13The Tribunal may be spoken to if any issues arise prior to Wednesday, March 9, 2023.
“G. Burton”
G. BURTON
VICE-CHAIR
“D.S. Colbourne”
D.S. COLBOURNE
VICE-CHAIR
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.
ATTACHMENT 1
Notices of Application for Approval to Expropriate Land served on 6524443 Canada Inc. (“652”) in connection with the proposed expropriation of 652’s various interests:
Parts 1-28 (inclusive) on the draft Reference Plan prepared by J.D. Barnes Limited on April 20, 2022 (drawing ref. no. 21-22-950-08-RP (0043), Rev. 6, dated September 1, 2022), being parts of the lands assigned PIN 21110-0043 (LT), and more particularly described in Schedule “A” to this Notice;
All of the freehold lands assigned PIN 21110-0266 (LT), and more particularly described in Schedule “B” to this Notice;
Parts 1-4 (inclusive) on the draft Reference Plan prepared by J.D. Barnes Limited on August 2, 2022 (drawing ref. no. 21-22-950-08-RP, Rev. 5, dated August 25, 2022), being parts of the lands assigned PIN 21110-0266 (LT), and more particularly described in Schedule “B” to this Notice;
Part 1 on the draft Reference Plan prepared by J.D. Barnes Limited on April 13, 2022 (drawing ref. no. 21-22-950-08-RP (0053) Rev. 4, dated August 25, 2022), being part of the lands assigned PIN 21110-0053 (LT), and more particularly described in Schedule “C” to this Notice; and,
Part 1 on the draft Reference Plan prepared by J.D. Barnes Limited on April 13, 2022 (drawing ref. no. 21-22-950-08-RP (0053) Rev. 4, dated August 25, 2022), being part of the lands assigned PIN 21110-0071 (LT), and more particularly described in Schedule “D” to this Notice.
Lawyers | Patent & Trademark Agent
Schedule “A”
PCL 20-8 SEC Y3 LEASEHOLD; FIRSTLY: PT LT 20 CON 2 FTB TWP OF YORK PT 6, 7, 8 AND 9, 66R5391; SIT THEREOUT AND THEREFROM TO THE MUNICIPALITY OF METROPOLITAN TORONTO, ITS SUCCESSORS AND ASSIGNS, EASEMENTS OR RIGHTS IN THE NATURE OF EASEMENTS TO PASS THROUGH ALL THE SUBSOIL AND SUB-SURFACE OF THE FOLLOWING LANDS FOR THE PURPOSE OF MAINTAINING, REPAIRING, RECONSTRUCTING AND OPERATING THE RAPID TRANSIT SYSTEM OF THE TORONTO TRANSIT COMMISSION, WHICH LANDS ARE MORE PARTICULARLY DESCRIBED AS FOLLOWS: (A) PT 8 ON PL 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 387.71 FT CITY OF TORONTO DATUM IN USE IN 1964; (B) PT 6 ON PL 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 374.25 FT CITY OF TORONTO DATUM IN USE IN 1964; SECONDLY: PT LT 20 CON 2 FTB TORONTO PT 1, 2, 3, 4, 5, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22 AND 26, 66R5391; T/W RIGHTS OF WAY OVER THOSE PARTS OF SAID LT 20, IN CON 2, FTB (SOMETIMES KNOWN AS PARTS OF LOT 12 ACCORDING TO A CERTAIN PLAN MADE BY W. C. GWYNNE) DESIGNATED AS PARTS 32 AND 33 ON SAID PLAN 66R5391 AS IN EM32466 (A32 3297) & EM59393 (A323298); S/T PT 2, PL 66R5391 AS IN EM32466 (A323297) & EM59393 (A323298); SUBJECT THEREOUT AND THEREFROM TO THE MUNICIPALITY OF METROPOLITAN TORONTO, ITS SUCCESSORS AND ASSIGNS, EASEMENTS OR RIGHTS IN THE NATURE OF EASEMENTS TO PASS THROUGH ALL THE SUBSOIL AND SUB-SURFACE OF THE FOLLOWING LANDS FOR THE PURPOSE OF REPAIRING, RECONSTRUCTING AND OPERATING THE RAPID TRANSIT SYSTEM OF THE TORONTO TRANSIT COMMISSION: (A) PT 12 ON PL 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 378.59 FT CITY OF TORONTO DATUM IN USE IN 1964; (B) PT 11 ON PL 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 387.71 FT CITY OF TORONTO DATUM IN USE IN 1964; (C) PT 3 ON PL 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 374.25 FT CITY OF TORONTO DATUM IN USE IN 1964; (D) PT 22 ON PLAN 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 399.23 FT CITY OF TORONTO DATUM IN USE IN 1964; (E) PARTS 18, 19, 20 AND 21, ON PL 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 387.71 FT CITY OF TORONTO DATUM IN USE IN 1964; (F) PT 26 ON PL 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 378.59 FT CITY OF TORONTO DATUM IN USE IN 1964; (G) PT 10 ON PL 66R5391, LYING BELOW A PLANE HAVING AN ELEVATION OF 378.59 FT CITY OF TORONTO DATUM IN USE IN 1964; FURTHER SUBJECT THEREOUT AND THEREFROM TO THE MUNICIPALITY OF METROPOLITAN TORONTO, ITS SUCCESSORS AND ASSIGNS, AN EASEMENT OR RIGHT IN THE NATURE OF AN EASEMENT, TO MAINTAIN, REPAIR, RECONSTRUCT AND OPERATE A FAN SHAFT IN CONNECTION WITH THE RAPID TRANSIT SYSTEM OF THE TORONTO TRANSIT COMMISSION ON THE LANDS BEING PT 4 ON PL 66R5391; FURTHER SUBJECT THEREOUT AND THEREFROM AN EASEMENT OR RIGHT IN THE NATURE OF AN EASEMENT, TO MAINTAIN, REPAIR, RECONSTRUCT AND OPERATE A CONCRETE VENTILATOR IN CONNECTION WITH THE RAPID TRANSIT SYSTEM OF THE TORONTO TRANSIT COMMISSION ON THE LANDS BEING PARTS 16 ON AND 17 ON PL 66R5391; ADDITION TO PARCEL BY A535578, AND PT LT 20 CON 2 FTB PT 1, 2, 3 AND 4 66R6028; TORONTO PT 1, 2, 3 AND 4, 66R6028; SUBJECT THEREOUT AND THEREFROM TO THE MUNICIPALITY OF METROPOLITAN TORONTO, ITS
SUCCESSORS AND ASSIGNS, EASEMENTS OR RIGHTS IN THE NATURE OF EASEMENTS TO PASS THROUGH ALL THE SUBSOIL AND SUBSURFACE OF THE FOLLOWING LANDS, FOR THE PURPOSE OF REPAIRING, RECONSTRUCTING AND OPERATING THE RAPID TRANSIT SYSTEM OF THE TORONTO TRANSIT COMMISSION: (A) PT 2 ON PL 66R6028; LYING BELOW A PLANE HAVING AN ELEVATION OF 377.00 FT CITY OF TORONTO DATUM IN USE IN 1964; (B) PT 4 ON PL 66R6028, LYING BELOW A PLANE HAVING AN ELEVATION OF 378.59 FT CITY OF TORONTO DATUM IN USE IN 1964; TORONTO, CITY OF TORONTO
Schedule “B”
Consolidation of Various Properties Part of Lot 20 Concession 2 FTB Township of York designated as Part 14, 66R-5391, Toronto; City of Toronto
PCL 20-29 LEASEHOLD SEC Y3; PT LT 20 CON 2 FTB TWP OF YORK PT 1, 2, 3, 4, 5, 6, 7, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221 AND 222, 66R17430; SUBJECT THEREOUT AND THEREFROM TO THE MUNICIPALITY OF METROPOLITAN TORONTO, ITS SUCCESSORS AND ASSIGNS, EASEMENTS OR RIGHTS IN THE NATURE OF EASEMENTS TO PASS THROUGH ALL THE SUBSOIL AND SUBSURFACE OF THE FOLLOWING LANDS FOR THE PURPOSE OF REPAIRING, MAINTAINING, RECONSTRUCTING AND OPERATING THE RAPID TRANSIT SYSTEM OF THE TORONTO TRANSIT COMMISSION:(A) PT 6 ON PL 66R6028 LYING BELOW A PLANE HAVING AN ELEVATION OF 378.59 FT CITY OF TORONTO DATUM IN USE IN 1964; (B) PT 7 ON PL 66R6028 LYING BELOW A PLANE HAVING AN ELEVATION OF 381.7 FT CITY OF TORONTO DATUM IN USE IN 1964; BEING SURFACE ELEVATION; (C) PT 8 ON PL 66R6028 LYING BELOW A PLANE HAVING AN ELEVATION OF 357.96 FT CITY OF TORONTO DATUM IN USE IN 1964; TORONTO, CITY OF TORONTO
PCL 20-47 SEC Y3; 1STLY: PT LT 20 CON 2 FTB TWP OF YORK PARTS 1, 2, 3, 4, 5, 6, 7,201 & 202, 66R17430; 2NDLY: PT LT 20 CON 2 FTB TWP OF YORK, PARTS8, 11, 13, 14, 16,17, 223, 224, 225, 226, 227, 228, 230, 231, 232 & 233, 66R17430; S/T AN EASEMENT IN FAVOUR OF THE TORONTO TRANSPORTATIONCOMMISSION, PARTS 13 & 16, 66R17430 AS IN EM42557 (A323307) S/T A ROW FOR PEDESTRIAN ACCESS IN FAVOUR OF THE OWNERS OF THE CONCOURSE LANDS (E395921),THE BAY LANDS (E395922), THE UPPER PARKING LANDS (E395923), THE HOTEL LANDS (E380560) AND THE APARTMENT LANDS (E395920) OVER THAT PT OF THE SAID LT 20DESIGNATED AS PARTS 223, 224, 225, 226, 227 AND 228 ON PL 66R17430. S/T A ROW FOR VEHICULAR ACCESS IN FAVOUR OF THE OWNERS OF THE CONCOURSE LANDS(E395921), THE BAY LANDS (E395922), THE UPPER PARKING LANDS (E395923), THE HOTEL LANDS (E380560) AND THE APARTMENT LANDS (E395920) OVER THAT PT OF THESAID LT 20 DESIGNATED AS PARTS 230, 231, 232 AND 233 ON PL 66R17430; 3RDLY: PT LT 20 CON 2 FTB TWP OF YORK, PARTS 19, 20, 21, 22, 23, 24, 25, 26, 27,28, 29, 30, 31, 32, 33, 34, 35, 39, 42, 43, 44, 45, 46, 47, 49, 52, 53, 55, 58, 60, 61, 70, 74, 75, 76, 77, 79, 80, 82, 88, 95, 101, 102,103, 117,126, 252, 255, 256, 257 & 258, 66R17430; S/T AN EASEMENT IN FAVOUR OF THE TORONTO TRANSPORTATION COMMISSION DESIGNATED AS PARTS 25, 26, 33 AND 34 ONPL 66R17430 AS IN 38915EM (A323307). S/T AN EASEMENT IN FAVOUR OF THE TORONTO TRANSIT COMMISSION DESIGNATED AS PARTS 20, 21, 22, 23, 28, 29, 30 AND 310N PL 66R17430 AS IN 65365EM (A323306). S/T A ROW FOR PEDESTRIAN ACCESS IN FAVOUR OF THE OWNERS OF THE CONCOURSE LANDS (E395921), THE BAY LANDS(E395922), THE UPPER PARKING LANDS (E395923), THE HOTEL LANDS (E380560) AND THE APARTMENT LANDS (E395920) OVER THAT PT OF THE SAID LT 20 DESIGNATED ASPT 61 ON PL 66R17430. S/T A ROW FOR PEDESTRIAN ACCESS IN FAVOUR OF THE OWNERS OF THE BAY LANDS AND THE HOTEL LANDS (E380560) OVER THAT PT OF THE SAIDLT 20 DESIGNATED AS PT 126 ON PL 66R17430. S/T A ROW FOR THE OWNERS OF THE CONCOURSE LANDS (E395921), THE HOTEL LANDS (E380560) AND THE APARTMENTLANDS (E395920) OVER THE SERVICE AND RECEIVING AREA DESIGNATED AS PT 117 ON PL 66R17430. S/T A ROW FOR VEHICULAR ACCESS IN FAVOUR OF THE OWNERS OF THECONCOURSE LANDS (E395921), THE BAY LANDS (E395922), THE UPPER PARKING LANDS (E395923), THE HOTEL LANDS (E380560) AND THE APARTMENT LANDS (E395920) OVER THAT PT OF THE SAID LT 20 DESIGNATED AS PARTS 43, 45, 47, 74, 75, 101 AND 102 ON PL 66R17430. S/T AN EASEMENT IN FAVOUR OF THE OWNERS OF THECONCOURSE LANDS (E395921), THE BAY LANDS (E395922), THE UPPER PARKING LANDS (E395923), THE HOTEL LANDS (E380560), AND THE APARTMENT LANDS (E395920) FOR THE ENJOYMENT, INSTALLATION, MAINTENANCE AND SERVICING OF THE UTILITIES SUCH AS PIPES, WIRES, CONDUITS AND CABLES IN AND THROUGH THAT PT OF THE SAID LT 20 DESIGNATED AS PARTS 49, 52, 53, 55 AND 79 ON PL 66R17430. S/T AN EASEMENT IN FAVOUR OF THE OWNERS OF THE CONCOURSE LANDS (E395921), THE BAYLANDS (E395922), THE UPPER PARKING LANDS (E395923), THE HOTEL LANDS (E380560) AND THE APARTMENT LANDS (E395920) FOR THE INSTALLATION, MAINTENANCE AND SERVICING OF MECHANICAL OR ELECTRICAL INSTALLATIONS OR EQUIPMENT WITHIN THE MECHANICAL ROOMS, BEING IN THAT PT OF SAID, LT 20 DESIGNATED AS PARTS 27,35, 39, 42, 44, 46 AND 58 ON P66R17430. S/T AN EASEMENT IN FAVOUR OF THE OWNERS AND THEIR WORKMEN OF THE CONCOURSE LANDS (E395921), THE BAY LANDS (E395922), THE UPPER PARKING LANDS (E395923), THE HOTEL LANDS (E380560) AND THE APARTMENT LANDS (E395920) ONLY FOR THE RIGHT OF ACCESS TO THE SAID MECHANICAL ROOMS TO MAINTAIN AND SERVICE THE MECHANICAL OR ELECTRICAL INSTALLATIONS FROM TIME TO TIME AS REQUIRED, OVER THAT PT OF THE SAID LT 20 DESIGNATED AS PARTS 27 AND 126 ON PL 66R17430; T/W A ROW FOR PEDESTRIAN ACCESS IN COMMON WITH OTHERS ENTITLED THERETO, OVER THAT PT OF THE SAID LT 20 DESIGNATED AS PARTS 48 AND 78 (BEING PT OF THE UPPER PARKING LANDS, SECONDLY) ON PL 66R17430. T/W AN EASEMENT IN COMMON WITH OTHERS ENTITLED THERETO, FOR THE INSTALLATION, MAINTENANCE AND SERVICING OF THE UTILITIES SUCH AS PIPES, WIRES, CONDUITS AND CABLES IN AND ALONG THAT PT OF THE SAID LT 20 DESIGNATED AS PARTS 90, 169, 170 AND 179 (BEING PT OF THE HOTEL LANDS, THIRDLY AS IN E380560), PARTS 98, 99, 120, 124,127, 129, 131 AND 161 (BEING PT OF THE BAY LANDS, SECONDLY AS IN E395922) AND PARTS 109 AND 132 (BEING PT OF THE UPPER PARKING LANDS, SECONDLY AS IN E395923) AND PARTS 182, 183, 185, 195 AND 196 (BEING PT OF THE APARTMENT LANDS AS IN E395920) ON PL 66R17430; T/W AN EASEMENT IN COMMON WITH OTHERS ENTITLED THERETO, FOR THE INSTALLATION, MAINTENANCE AND SERVICING OF MECHANICAL OR ELECTRICAL EQUIPMENT WITHIN THE MECHANICAL ROOMS OR AREAS BEING IN THAT PT OF THE SAID LT 20 DESIGNATED AS PARTS 143, 144, 146, 149 AND 259 (BEING PT OF THE UPPER PARKING LANDS, SECONDLY AS IN E395923), PT 159 (BEING PT OF THE BAY LANDS, SECONDLY AS IN E395922), PARTS 172 AND 174 (BEING PT OF THE HOTEL LANDS, THIRDLY AS IN E380560) AND PARTS 184 AND 197 (BEING PT OF THE APARTMENT LANDS AS IN E395920) ON PL 66R17430. T/W AN EASEMENT IN COMMON WITH OTHERS ENTITLED THERETO ONLY FOR THE RIGHT OF ACCESS TO THE SAID MECHANICAL ROOMS OR AREAS TO MAINTAIN AND SERVICE THE MECHANICAL OR ELECTRICAL INSTALLATIONS FROM TIME TO TIME, AS REQUIRED, OVER THAT PT OF THE SAID LT 20 DESIGNATED AS PARTS 78, 104 AND 108 (BEING PT OF THE UPPER PARKING LANDS, SECONDLY AS IN E395923), PARTS 92, 136, 145, 165 AND 173 (BEING PT OF THE HOTEL LANDS, THIRDLY AS IN E380560), PARTS 100, 119, 171, 181, 186 AND 187 (BEING PT OF THE APARTMENT LANDS AS IN E395920) AND PT 125 (BEING PT OF THE BAY LANDS, SECONDLY AS IN E395922) ON PL 66R17430. T/W AN EASEMENT IN COMMON WITH OTHERS ENTITLED THERETO FOR THE SUPPORT OVER THE STRUCTURAL COMPONENTS OF THE BUILDING AND/OR THE GROUND UNDERNEATH SAME, LOCATED WITHIN THE CONCOURSE LANDS, THE BAY LANDS, THE UPPER PARKING LANDS, THE HOTEL LANDS AND THE APARTMENT LANDS THAT PROVIDE SUPPORT TO THE BUILDING LOCATED ON THE HEREIN DESCRIBED LANDS AS IN E395924. T/W AN EASEMENT IN COMMON WITH OTHERS ENTITLED THERETO FOR THE ENJOYMENT, MAINTENANCE AND SERVICING OF ANY MECHANICAL OR ELECTRICAL INSTALLATIONS OR WIRES, PIPES, CABLES OR CONDUITS LOCATED WITHIN THE CONCOURSE LANDS, THE BAY LANDS, THE UPPER PARKING LANDS, THE HOTEL LANDS AND THE APARTMENT LANDS THAT SERVICE THE HEREIN DESCRIBED LANDS AS IN E395924. LANDS 1STLY, 2NDLY AND 3RDLY DESCRIBED LANDS ARE S/T THE FOLLOWING COMMON EASEMENTS: S/T AN EASEMENT IN FAVOUR OF THE OWNERS OF THE CONCOURSE LANDS, THE BAY
LANDS, THE UPPER PARKING LANDS, THE HOTEL LANDS AND THE APARTMENT LANDS FOR THE SUPPORT OVER THE STRUCTURAL COMPONENTS OF THE BUILDING AND/OR THE GROUND UNDERNEATH SAME, LOCATED WITHIN THE HEREIN DESCRIBED LANDS THAT PROVIDE SUPPORT TO THE BUILDINGS LOCATED ON THE CONCOURSE LANDS, THE BAY LANDS, THE UPPER PARKING LANDS, THE HOTEL LANDS AND THE APARTMENT LANDS. S/T AN EASEMENT IN FAVOUR OF THE OWNERS OF THE CONCOURSE LANDS, THE BAY LANDS, THE UPPER PARKING LANDS, THE HOTEL LANDS AND THE APARTMENT LANDS FOR THE ENJOYMENT, MAINTENANCE AND SERVICING OF ANY MECHANICAL OR ELECTRICAL INSTALLATIONS OR WIRES, PILES, CABLES OR CONDUITS LOCATED WITHIN THE HEREIN DESCRIBED LANDS THAT SERVICE THE CONCOURSE LANDS, THE BAY LANDS, THE UPPER PARKING LANDS, THE HOTEL LANDS AND THE APARTMENT LANDS AS IN E395924; S/T A535596, EM38915; TORONTO, CITY OF TORONTO