TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on July 8, 9 and 10, 1998
CORPORATE SERVICES COMMITTEE
REPORT No. 8
1Expropriation of Property Interests,Sheppard Subway Project, Don Mills Station
City of Toronto
REPORT No. 8
OF THE CORPORATE SERVICES COMMITTEE
(from its meeting on April 27, 1998,
submitted by Councillor Dick O'Brien, Chair)
As Considered by
The Council of the City of Toronto
on July 8, 9 and 10, 1998
1
Expropriation of Property Interests,
Sheppard Subway Project,
Don Mills Station
(City Council on July 8, 9 and 10, 1998, adopted this Clause, without amendment.)
(City Council on June 3, 4 and 5, 1998, deferred consideration of this Clause to the next
regular meeting of Council to be held on July 8, 1998, in accordance with the request of the
City Solicitor.)
(City Council on May 13 and 14, 1998, deferred consideration of this Clause to the next
regular meeting of City Council to be held on June 3 and 4, 1998.)
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(Clause No. 10 of Report No. 5 of the Corporate Services Committee)
The Corporate Services Committee recommends the adoption of the following report
(April15, 1998) from the Commissioner of Corporate Services:
Purpose:
To seek approval of the expropriation under the Expropriations Act of property interests
required for the construction and operation of the Sheppard Subway in the vicinity of Don
Mills Station.
Funding Sources, Financial Implications and Impact Statement:
Financing has previously been approved by Council and is available in Capital Account
Number TC-392Sheppard Subway Project.
Recommendations:
It is recommended that:
(1)City Council, as approving authority, approve the expropriation of certain leasehold
interests detailed herein;
(2)authority be granted to take all steps necessary to comply with the Expropriations Act
including, but not limited to the preparation and registration of a plan of expropriation and
service of Notices of Expropriation, Notices of Election as to the Date for Compensation and
Notices of Possession;
(3)authority be granted to the Commissioner of Corporate Services to sign the Notices of
Expropriation and Notices of Possession on behalf of the City;
(4)leave be granted for the introduction of the necessary Bill in Council to give effect thereto;
and
(5)the appropriate City officials be authorized and directed to take the necessary action to
give effect thereto.
Council Reference/Background/History:
By the approval of Clause No. 2 of Report No. 9 of The Management Committee (as
amended) on March 8 and 9, 1994, and subject to a further report regarding funding,
Metropolitan Council approved construction of the Sheppard Subway to Don Mills Road. By
the approval of Clause No.2 of Report No. 14 of The Management Committee (as amended)
on April 20, 1994, Metropolitan Council authorized the debenture funding to commence the
project. Finally, Metropolitan Council, by its adoption of Clause No. 2 of Report No. 21 of
The Financial Priorities Committee on September25 and 26, 1996, as amended, approved the
completion of the Sheppard Subway Project.
Metropolitan Council, at its meeting on April 23, 1997, by the adoption of Clause No. 4 of
Report No.11 of The Corporate Administration Committee, authorized the Application for
Approval to Expropriate all interests in land required for the construction of the Sheppard
Subway in the vicinity of the Don Mills Station. At its meeting held December 10 and 18,
1997, Metropolitan Council, by its adoption of Clause No. 2 of Report No. 25 of The
Corporate Administration Committee authorized a settlement with C.F. Realty Inc., and
Cambridge Shopping Centres Limited, the owners of Fairview Mall, whereby the property
interests required from these owners for the subway at this location, more specifically
described as Parts 1 through 70 on Reference Plan 66R-17954, a copy of which is on file with
the City Clerk ("the required lands") would be acquired voluntarily without the need to
proceed to an expropriation.
Comments and/or Discussion and/or Justification:
As part of the construction of the Sheppard Subway - Don Mills Station and related facilities
property interests are required from Fairview Mall ("Fairview"), a two level regional shopping
centre located at the northeast corner of Sheppard Avenue East and Don Mills Road. Fairview
contains 262commercial retail units (CRUs) and is anchored by four major tenants, including
Sears Canada Inc. ("Sears"), Hudson Bay Company ("The Bay"), Loblaws and a Cineplex
Odeon Theatre. It has been determined that, in addition to the owners of Fairview, by virtue of
their leases Sears and The Bay have an interest in the required lands. Satisfactory
arrangements have been made with TheBay and Sears to allow the construction to proceed.
While it is unlikely that the CRU tenants have an interest in the required lands that would be
compensable at law, because of the complicated title situation for the Fairview property, it
was considered advisable to provide notice and expropriate their leasehold interest, if any, in
the required lands pursuant to the Expropriations Act and the April 23, 1997, Metro Council
authority noted above. Accordingly, Notices of Application for Approval to Expropriate were
served on all the CRU tenants. No requests for a Hearing of Necessity have been received and
the time period prescribed for doing so has now elapsed. As the required lands are necessary
for the Sheppard Subway Project, it is appropriate for Council to approve the expropriation
and authorize City staff to take the necessary actions prescribed in the Expropriations Act to
give effect thereto.
Conclusions:
In my opinion, there having been no requests for a Hearing of Necessity relating to the
proposed expropriation of certain leasehold interests (if any) in the lands described as Parts 1
through 70 on Reference Plan 66R-17954, it is fair and reasonable for Council to approve
same.
Contact Name:
Doug Warning - 392-8165.
(A copy of the sketch attached to the foregoing report was forwarded to all Members of
Council with the April 27, 1998, agenda of the Corporate Services Committee, and a copy
thereof is also on file in the office of the City Clerk.)
Respectfully submitted,
DICK O'BRIEN,
Chair
Toronto, April 27, 1998
(Report No. 8 of The Corporate Services Committee was adopted, without amendment, by
City Council on July 8, 9 and 10, 1998.)
