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Scarborough Subway Extension Expropriations

Metrolinx is proceeding with a proposed subway extension to TTC’s Line 2 Subway service eight kilometres further into Scarborough. The proposed extension will extend from Kennedy Station to Sheppard Avenue and McCowan Road. 3 additional stops are being added, and the project is estimated to take almost 10 years to completion.

Metrolinx is in the process of notifying property owners of its intention to expropriate property for the subway extension. If you have received a Notice of Intention for Approval to Expropriate, this is the first formal document from the authorities notifying the owner of the pending expropriation, as required by s. 6 of the Expropriations Act.

Once a Plan of Expropriation is registered, in accordance with s.9 of the Expropriations Act, which will show the parcels that the authorities require to expropriate, ownership of the lands will vest in the authorities. Once the plan of expropriation is registered, the authorities are required to send out a Notice of Expropriation along with a Notice of Election, which permits the owner to select a valuation date to determine compensation.

Thereafter, and within 90 days of the Notice of Expropriation being served, the authorities must serve a Section 25 offer on the registered owner of the property on a without prejudice basis along with a supporting appraisal report. The authorities must offer all compensation set out in the appraisal report, and alternatively the authorities must advance an offer of immediate compensation for the market value of the land expropriated, if the owner wishes to take the immediate offer and continue to seek additional compensation (without fully releasing their rights to additional compensation, which is the election we always recommend to clients).

Additional steps in the expropriation process follow thereafter. If you have received a Notice of Intention for Approval to Expropriate, it is wise to contact an expropriation lawyer familiar with the processes and the types of compensation which you are entitled to. Goldstein Law has extensive experience working with property owner and business owners in the context of expropriations arising from infrastructure projects in Ontario. Contact us today for a consultation!

TTC Modernization – Expropriations in Toronto

The Toronto Transit Commission (“TTC”) is expected to outgrow its current subway storage and maintenance capacity. As such, the TTC needs to pursue and acquire (i.e., expropriate) properties for additional capacity.  Such acquisition is ongoing, specifically with the Etobicoke region, as the TTC has identified approximately 73 acres of land to expropriate.

City Council has provided authority under the Expropriations Act for the same, and Notices of Application for Approval to Expropriate have been served on registered property owners. A Hearing of Inquiry was held in February 2018, and it was accepted that the TTC’s site is appropriate in size and location. Therefore, the expropriation was found to be fair, sound and reasonably necessary.

Ongoing negotiations with the owner have yet to result in the acquisition of the properties, expropriations will be required to meet the project timelines.  If you are a property or business owner that is impacted by a transit project, whether the TTC Modernization projects or any of the LRT projects around Ontario, it would be advisable to consult with an expropriation lawyer in Ontario today.