Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 12, 2026
CASE NO(S).: OLT-25-000913
PROCEEDING COMMENCED UNDER subsection 7 of the Expropriations Act, R.S.O. 1990, c. E.26.
Claimant: 690981 Ontario Limited Expropriating Authority: Metrolinx Subject: Hearing of Necessity Description: Construction of underground connection between Bloor GO Express and Dundas West TTC Stations Property Address: 2340 and 2360 Dundas Street W Municipality/UT: Toronto/Toronto OLT Case No: OLT-25-000913 OLT Lead Case No: OLT-25-000913 OLT Case Name: 690981 Ontario Limited v. Metrolinx
Heard: February 24, 2026 by Video Hearing
| Parties | Counsel |
|---|---|
| Metrolinx | C. Higgs, K. Bezprozvannykh |
| 690981 Ontario Limited | S. Rayman, S. Spitz |
REPORT of the tribunal DELIVERED BY S. TOUSAW
Introduction
1A Hearing of Necessity was convened for the Requestor, 690981 Ontario Limited (“Crossways”), regarding the expropriating authority’s (“Metrolinx”) proposed expropriations for a subsurface pedestrian connection between the GO Transit (“GO”) / UP Express (“UP”) station and the Dundas West TTC (“TTC”) station, in the vicinity of Bloor Street West at Dundas Street West, Toronto.
2This Report is delivered to the Minister of Transportation, and copied to the Parties, pursuant to s. 7(6) of the Expropriations Act (“Act”), which Report must contain: a summary of the evidence and arguments advanced by the Parties; the Tribunal’s findings of fact; and the Tribunal’s opinion, with reasons, on the merits of the application for approval.
3At the Hearing, pursuant to s. 7(5) of the Act, the Tribunal inquired into whether the proposed taking of the lands is “fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority.”
4As set out below, the Tribunal finds that Metrolinx’s proposed taking of lands satisfies the foregoing legislative tests, subject to enhanced communications and coordination with Crossways.
5The following documents were entered as Exhibits at the Hearing:
Crossways Exhibits 1.1 Document Brief, Volume 1 1.2 Document Brief, Volume 2 1.3 Grant Milligan, Witness Statement 1.4 Grant Milligan, Curriculum Vitae 1.5 Grant Milligan, Acknowledgement of Expert’s Duty
Metrolinx Exhibits 2.1 Document Brief (including Witness Statements) 2.2 Reynaldo Velasco, Affidavit of Application 2.3 Victoria Deo, Affidavit of Service
The Application for Approval to Expropriate
6Metrolinx seeks approval to expropriate surface and subsurface portions of land owned by Crossways to facilitate the completion of an underground pedestrian tunnel to connect the easterly GO / UP station with the westerly TTC station.
7The Notice of Grounds lists numerous objectives, including: responding to increased public demands for service that integrates transportation modes within the Greater Toronto and Hamilton Area (“GTHA”); providing safe and convenient pedestrian separation from trains and motor vehicles; and improving accessibility with elevators. Some of the proposed takings are temporary (e.g., access, staging areas, utility disconnections), while others are permanent (e.g., tunnel, concourse, elevator shafts).
8The affected lands are on the Crossways property, including takings within the below-grade parking levels of the Crossways building.
Summary of the Evidence and Arguments Advanced by the Parties
9The Tribunal summarizes the Parties’ positions and evidence as follows.
Metrolinx
10Metrolinx submits that its application for expropriation warrants approval, as it enables the final phase of this long-awaited connecting tunnel to be realized. The concurrent GO Line expansion will enable two-way all-day service on the Kitchener Line that necessitates a seamless access to the TTC station to accommodate: increased ridership; a convenient, accessible and safe route; and protection from street traffic and weather conditions. The pedestrian tunnel and its associated components and infrastructure require takings on each of four levels, from grade downward.
11Metrolinx, working with and accommodating Crossways’ needs, will continue to focus on safety during construction and ensure ongoing communications. The consultation clause requested by Crossways should not be articulated in the easement, but Metrolinx will continue its ongoing communications with Crossways’ consultants throughout the project.
12Metrolinx’s request for a temporary easement over the entire Crossways property is necessary for access onto the property and into and through the parking garage “in connection with the project”, which adequately limits access to the intended purpose only.
13Metrolinx relies on the evidence of: George Marijan, P.Eng., Director of GO Expansion for Metrolinx; and Reza Shobayry, P.Eng., consultant retained by Metrolinx.
14Mr. Marijan provided non-opinion evidence as follows. The project will provide seamless access between the two transportation networks where demand is rising from population growth and the coming all-day two-way GO service on the Kitchener Line. Pedestrians using the tunnel will have shorter and convenient access between the transit networks, out of the weather and away from street traffic.
15Mr. Marijan outlined the main expropriations sought: permanent takings below/within the Crossways building for soil stabilization, the concrete box tunnel, stairs and elevators; and temporary takings for construction, staging, shoring, and access through the parking garage.
16The sprinkler system requires separation between Crossways and the new Metrolinx facilities, which necessitates temporary access, with advance notice, to the Crossways’ utility room. With as-built drawings not available from Crossways, the temporary expropriation across the entire property will enable Metrolinx’s access to the sprinkler system. Safety will be ensured through the Fire Watch Plan, as endorsed by the Fire Department. Notice will be provided to tenants for planned power outages, as has occurred for the construction activities already occurring. Metrolinx commits to its safety plans set out in its letter of July 30, 2025 (Ex. 1.2, p. 595) including: fireproofing; temporary and permanent heat detectors; sprinklers; standpipe system; and coordination with Crossways for all work. Mr. Marijan underscores that the sought access must be “associated with the purpose of constructing an underground connection” between the stations, as set out in the requested easement (Ex. 2.1, p 12).
17The Tribunal qualified Mr. Shobayry to provide opinion evidence in civil engineering with a specialty in underground structures. Mr. Shobayry is the project manager for the underground elements of this pedestrian connection. His evidence is summarized as follows.
18The project requires land takings at four levels: at grade for the top of elevator shafts; one level down for the tunnel; two levels down for the concourse; and three levels down to connect with the platforms.
19The separation and rerouting of the sprinkler and electrical systems are required between the P2 parking garage level and the concourse, which warrant the intended safety procedures. The concerns of Crossways are addressed in the construction contract and the infrastructure design, when completed, will comply with the Ontario Building Code and the Metrolinx and TTC requirements. The Metrolinx commitments explained by Mr. Marijan (Ex. 1.2, p. 595) exceed the legislative requirements and will assure safety and notice. As such, Mr. Shobayry opines that the land takings are fair, sound and reasonably necessary for this project.
Crossways
20Crossways explains that it is not opposed to the purpose and function of the tunnel and related infrastructure, but argues that the safety of Crossways’ residents in its 1,100 units and its commercial tenants is paramount and is not addressed sufficiently. Safety issues related to fire protection, air circulation, and electrical systems have either already occurred or are at risk of occurring, which warrant a cooperative approach to fully involve Crossways. Crossways requests that the safety matters outlined in Metrolinx’s letter (Ex. 1.2, p. 595) be required. Notice should be required to Crossway’s residents and commercial tenants for service interruptions related to fire safety, air handling, and electricity.
21Crossways requests that, rather than covering the entire property, the temporary expropriation should be narrowed to specific areas and purposes, with conditions to require Crossways’ consent to proceed with each stage. Metrolinx’s requested scope is not necessary.
22Crossways relies on the evidence of Grant Milligan, P.Eng., whom the Tribunal qualified to provide opinion evidence in structural engineering. Mr. Milligan’s evidence is summarized as follows.
23While the residential towers of Crossways are situated to the south of the east-west TTC line, the parking garage was constructed above the TTC tunnel and platforms. The current expropriation requests of Metrolinx, to complete the stations’ connection, add to the existing expropriation agreements from 2023. The necessary access to the Crossways’ utility room, wherever it may be located within the parking garage, should not require access across the entire building footprint. A reasonable alternative would be to stipulate access only to/from the utility room.
24Ongoing communications with Crossways are necessary throughout the construction process, given that the precise routing details of infrastructure will be determined through construction. Work to date has caused issues, include a fire from work later found not to code, which involved electricity outages. Ongoing communications throughout the construction process are necessary to ensure adequate notice to tenants, movement of equipment and materials, and safety protocols specific to each activity.
25Mr. Milligan recommends the ongoing involvement of Crossways’ consultants to review and oversee the necessary work through each stage of the project. Metrolinx should commit to enabling input from Crossways as has occurred in the past. Mr. Milligan recommends that Schedule D from the 2023 agreement be carried forward and not be extinguished.
Tribunal Findings of Fact
26The Tribunal finds that the proposed expropriations affecting Crossways’ lands and building(s) are necessary to meet the growing demands for, and necessity of, public transit, within and outside of the GTHA, in a form that facilitates the safety and convenience of passengers.
27Portions of these expropriations are quite unusual, in that they result in Metrolinx acquiring, altering and utilizing parts of an existing building. A portion of the P2 parking level will become a transit concourse. The necessary elevators will protrude through all three parking levels. As such, the separation of water, ventilation and electrical systems, and their related construction effects, warrant careful, ongoing attention.
28Contrary to Crossways’ request, the Tribunal finds that Metrolinx’s temporary access easement is necessary and is suitably limited by its requirement to be “associated with the purpose of constructing an underground connection.”
29The Tribunal finds that the complexity of resolving the separation of infrastructure between Metrolinx and Crossways warrants ongoing review and input from Crossways.
Tribunal Opinion with Reasons on the Merits of the Application for Approval
30On the Tribunal’s findings of fact above, it finds that the proposed expropriations are fair, sound and reasonably necessary in the achievement of Metrolinx’s objectives, subject to the caution to Metrolinx that it must endeavour to coordinate all works with Crossways, including such matters as notice to tenants, and Metrolinx’s commitments contained in Attachment 1 (Ex. 1.2, p. 595).
“S. Tousaw”
S. TOUSAW VICE-CHAIR
Ontario Land Tribunal Website: www.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