Item - 2020.GL13.4

The General Government and Licensing Committee recommends that:

1.  City Council, as approving authority under the Expropriations Act, approve the expropriation of 39 Commissioners Street, legally described in Appendix A and approximately shown on Appendix B (the "Property") to the report (May 20, 2020) from the Executive Director, Corporate Real Estate Management.

2.  City Council authorize the City, as expropriating authority under the Expropriations Act, to take all steps necessary to comply with the Expropriations Act, including but not limited to the preparation and registration of an Expropriation Plan, and service of the Notices of Expropriation, Notices of Election as to a Date for Compensation, and Notices of Possession for the Property.

3.  City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (May 20, 2020) from the Executive Director, Corporate Real Estate Management, once there has been a final determination of all claims for compensation payable for the Property by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

At its meeting on July 16, 17 and 18, 2019, City Council authorized, by way of adopting GL6.16, the initiation of expropriation proceedings in respect of the property municipally known as 39 Commissioners Street, in connection with the Port Lands Flood Protection project (the "Project") and in response to a request by Waterfront Toronto that the Waterfront Expropriation Protocol be utilized to protect construction timelines for the Project.

As Waterfront Toronto has requested that the City proceed with the expropriation, this report seeks approval from City Council to expropriate 39 Commissioners Street.

This report relates to the second stage of the expropriation process. During the first stage, the making of an application for approval to expropriate was authorized, and staff served and published notices on the registered owners of the property. The "Owners", as defined in the Expropriations Act, had 30 days to request an inquiry into whether the proposed taking is fair, sound, and reasonably necessary.

A hearing of necessity was initially requested and subsequently withdrawn. City Council may now approve the expropriation by this Stage 2 report. If authorized, the Expropriation Plan will be registered and associated notices served. Statutory offers of compensation must be served prior to the City taking possession of the expropriated property.