Expropriation of Private Lane - Rear of 58-66 Williamson Road
and 252 to 256 Glen Manor Drive West (East Toronto)
The Toronto Community Council recommends that:
(1) City Council consider the report of the Inquiry Officer attached as Schedule "A" to
the report (February 5, 1998) from the Toronto Community Council Solicitor;
(2) City Council approve the proposed expropriation of the Private Lane at the Rear of
Premises No. 58 - 66 Williamson Road and 252 and 256 Glen Manor Drive West, for
Public Lane Purposes as the expropriation of the lands is required for public lane
purposes. It is believed that the safety and utility of the laneway will, after
acquisition, be improved through the installation of paving, drainage and lighting;
(3) City Council specifically modify the expropriation as originally proposed by
approving the expropriation of only that portion of PART 2 on Plan 66R-17177
shown as PART 2 on Draft Expropriation Plan 2101-1;
(4) the City Clerk be directed to cause the decision of City Council and reasons to be
served upon Susan Leonora Crammond and Bernard Lucht, 9 Southwood Drive,
Toronto, Ontario, M4E 2T7, parties to the inquiry, and to the Chief Inquiry Officer,
Ministry of the Attorney General, Crown Law Office, Civil Law, 8th floor,
720 Bay Street, Toronto, Ontario, M5G 2K1, within 90 days after the date of the
receipt of the report of the Inquiry Officer in accordance with the Expropriations
Act;
(5) (a) the City Clerk or designate and the City Treasurer or designate be
authorized and directed to execute a Certificate of Approval in the form
prescribed in the Expropriations Act.
(b) leave be granted for the introduction of the necessary Bills in Council to give
effect thereto.
(c) offers of compensation, in compliance with the requirements of the
Expropriations Act, to the registered owners, and/or whomever may be
entitled to be served, be approved up to the amount of the appraisal reports
obtained by the Commissioner of Corporate Services and the appropriate
City Officials be authorized to offer immediate payment of 100% of the
offers of compensation and to settle the compensation claims within the limits
of their authority and further be authorized to complete these transactions;
prepare the necessary documents releasing the City from any claims arising
from the expropriation of land; pay any interest charges or expenses
incurred by the City; and pay any reasonable legal and appraisal fees
associated therewith;
(d) the lands be placed under the jurisdiction of the Commissioner of Corporate
Services until required for public lane purposes; and
(e) the appropriate City Officials be authorized to take such action as may be
necessary to complete these transactions and/or take possession of the lands
involved, including the preparation and registration of the Expropriation
Plan and service of the required documents such as Notice of Expropriation,
Notice of Possession, Notice of Election, Without Prejudice Offers, Appraisal
Reports, etc.; and
(6) the Commissioner of Corporate Services be requested to meet with the objector to
investigate whether her concerns can be addressed.
The Toronto Community Council submits the following report (March 5, 1998) from the
Toronto Community Council Solicitor:
Purpose:
To request that City Council, as the Approving Authority under the Expropriations Act, consider
the report of the Inquiry Office and decide whether to approve its application to expropriate the
private lane described above for public lane purposes.
Funding Sources, Financial Implications and Impact Statement:
Funds in connection with the expropriation of the private lane at this location are to be provided
from Capital Account No. 296-601.
Recommendations:
It is recommended that:
(1) City Council consider the report of the Inquiry Officer attached as Schedule "A"
to this report.
(2) If City Council decides to approve the proposed expropriation, it do so for the
following reasons:
The expropriation of the lands is required for public lane purposes. It is
believed that the safety and utility of the laneway will, after acquisition, be
improved through the installation of paving, drainage and lighting.
(3) City Council specifically modify the expropriation as originally proposed by
approving the expropriation of only that portion of PART 2 on Plan 66R-17177
shown as PART 2 on Draft Expropriation Plan 2101-1.
(4) The City Clerk be directed to cause the decision of City Council and reasons to be
served upon Susan Leonora Crammond and Bernard Lucht, 9 Southwood Drive,
Toronto, Ontario, M4E 2T7, parties to the inquiry, and to the Chief Inquiry
Officer, Ministry of the Attorney General, Crown Law Office - Civil Law, 8th
floor - 720 Bay Street, Toronto, Ontario, M5G 2K1, within 90 days after the date
of the receipt of the report of the Inquiry Officer in accordance with the
Expropriations Act.
(5) If City Council decides to approve the expropriation, it direct that:
(a) The City Clerk or designate and the City Treasurer or designate be
authorized and directed to execute a Certificate of Approval in the form
prescribed in the Expropriations Act.
(b) Leave be granted for the introduction of the necessary Bills in Council to
give effect thereto.
(c) Offers of compensation, in compliance with the requirements of the
Expropriations Act, to the registered owners, and/or whomever may be
entitled to be served, be approved up to the amount of the appraisal reports
obtained by the Commissioner of Corporate Services and the appropriate
City Officials be authorized to offer immediate payment of 100% of the
offers of compensation and to settle the compensation claims within the
limits of their authority and further be authorized to complete these
transactions; prepare the necessary documents releasing the City from any
claims arising from the expropriation of land; pay any interest charges or
expenses incurred by the City; and pay any reasonable legal and appraisal
fees associated therewith.
(d) The lands be placed under the jurisdiction of the Commissioner of
Corporate Services until required for public lane purposes.
(e) That the appropriate City Officials be authorized to take such action as
may be necessary to complete these transactions and/or take possession of
the lands involved, including the preparation and registration of the
Expropriation Plan and service of the required documents such as Notice
of Expropriation, Notice of Possession, Notice of Election, Without
Prejudice Offers, Appraisal Reports, etc.
Council Reference/Background/History:
As appears from Clause 10, City Services Committee Report No. 5, adopted at its meeting held
on April 29 and 30, 1996, City Council authorized, among other things, an application to City
Council for approval of the expropriation of all rights, title and interests for public lane purposes
of certain lands described as follows:
Schedule "A"
In the City of Toronto, in the Municipality of Metropolitan Toronto and Province of Ontario,
being composed of:
Firstly: Lot A according to Plan M-467 registered in the Land Registry Office for the Land
Titles Division of Metropolitan Toronto (No. 66), designated as Part 1 on a plan of survey
deposited in the said Land Registry Office as 66R-17177;
Being part of Parcel 1513 in the Register for Section S, Toronto.
Secondly: Part of Lot 146 according to Plan M-467 registered in the Land Registry Office for
the Land Titles Division of Metropolitan Toronto (No. 66), designated as Part 2 on a plan of
survey deposited in the said Land Registry Office as 66R-17177;
Being part of Parcel 146-2 in the Register for Section M-467.
Thirdly: Parts of Lots 104 and 105 according to Plan M-390 registered in the Land Registry
Office for the Land Titles Division of Metropolitan Toronto (No. 66), designated as
Parts 3 and 5 on a plan of survey deposited in the said Land Registry Office as 66R-17177;
Being part of Parcel 104-3 in the Register for Section M-390.
Fourthly: Part of Lot 104 according to Plan M-390 registered in the Land Registry Office for the
Land Titles Division of Metropolitan Toronto (No. 66), designated as Parts 4, 6, 8 and 13 on a
plan of survey deposited in the said Land Registry Office as 66R-17177;
Being part of Parcel 104-1 in the Register for Section M-390.
Fifthly: Part of Lot 104 according to Plan M-390 and Part of Lot 145 according to Plan M-467
both said Plans being registered in the Land Registry Office for the Land Titles Division of
Metropolitan Toronto (No. 66), designated as Parts 7, 9 and 10 on a plan of survey deposited in
the said Land Registry Office as 66R-17177;
Being part of Parcel 104-2 in the Register for Section M-390.
Council also approved the following:
2. The service and publication of the Notice of such application required by the
Expropriations Act;
3. The appropriate Officials to forward to the Chief Inquiry Officer, pursuant to the said
Act, any requests for hearings that are received;
4. The Acting Commissioner of City Property to obtain any appraisal reports required to
comply with The Expropriations Act;
5. The appropriate City Officials to report further to Council as the occasion may require;
6. A by-law to lay out the lands to form the new lane as described in Schedule `A' above,
and thereafter dedicate the lands for public lane purposes; and
7. The appropriate City Officials to take whatever action is necessary to give effect thereto,
including the introduction in Council of any bills that might be necessary.
Comments and/or Discussion and/or Justification:
The service and publication of the Notice of Application for Approval to Expropriate Land was
duly effected and a request for an inquiry hearing was received from Ms. Susan Leonora
Crammond and Mr. Bernard Lucht, the owners of the property at 9 Southwood Drive, Toronto,
Ontario.
An Inquiry Officer was appointed and on January 23, 1998 an inquiry was held into the question
of whether the proposed expropriation was fair, sound and reasonably necessary in the
achievement of the objectives of the City. The report of the Inquiry Officer was received on
January 27, 1998, a copy of which is attached as Schedule "A" to this report.
The objections of Ms. Crammond and Mr. Lucht as summarized by the Inquiry Officer centred
around their belief that:
a) some adjacent owners would be acquiring access over the lane which did not exist
before;
b) the environment would be detrimentally affected;
c) there would be a potential loss of privacy;
d) private property and mature trees could be damaged during reconstruction of the
lane, particularly with the grading and excavation necessary to improve drainage
of surface water;
e) use of the lane would be open to the general public which could disturb the
residents;
f) the lane was adequately maintained under private ownership; and
g) all of PART 2 on Plan 66R-17177 should be expropriated from the objectors so as
not to leave them with a useless piece of land.
After consideration of the evidence, the Inquiry Officer found that:
1. The public interest outweighs the private concerns of the parties to the inquiry, and as the
majority of the adjacent owners supported the expropriation and improvements, the City's
taking of PARTS 1 to 10 inclusive as shown on draft Expropriation Plan 2101-1 dated
September 23, 1997 is required for public lane purposes and such taking is fair, just and
reasonably necessary for the purpose of the Expropriating Authority.
2. The City originally intended to take more of the Lucht-Crammond lands. PART 2 on the
amended Draft Expropriation Plan 2101-1 is considerably smaller than the rear lane area
originally intended (PART 2 on Plan 66R-17177). This leaves the owners with an
anomaly in the form of a parcel at the rear more or less useless for any use other than the
lane.
In finding that the proposed expropriation was fair, sound and reasonably necessary, the Inquiry
Officer also recommended that the Expropriating Authority consider expropriating the whole of
PART 2 as set out on Plan 66R-17177 rather than the reduced version of PART 2 as shown on
draft Expropriation Plan 2101-1.
Following consultation with City staff from the Transportation section of Urban Development
Services, I would recommend that the City expropriate the reduced version of PART 2 as,
(a) the reduced portion of PART 2 is all that is required to provide a functional lane
to the area residents;
(b) expropriation of the entire portion would lead to unnecessary compensation costs;
and
(c) the portion to be excluded is in fact encumbered and not used for laneway
purposes.
A sketch showing the lands proposed to be expropriated is attached as Schedule "B".
Conclusions:
City Council, as the Approving Authority under the Expropriations Act, must consider the report
of the Inquiry Officer and decide whether to approve the application as requested.
Contact Name:
Edward A. Earle
Legal Services
Tel: 392-7226
--------
The Toronto Community Council reports, for the information of Council, having also had before
it during consideration of the foregoing matter the following communications:
- (March 13, 1998) from Councillor Jakobek;
- (February 6, 1998) from Mr. Bernard Lucht and Ms. Susan Crammond;
- (March 30, 1998) from Mr. Bernie Lucht and Ms. Susan Crammond;
- (March 30, 1998) from Ms. Pat Leary; and
- (March 31, 1998) from Mr. Ron Stockburn and Ms. Joy Morrison.
(A copy of Schedules "A" and "B" referred to in the foregoing report, were forwarded to all
Members of the Toronto Community Council with the agenda of its meeting on April 1, 1998,
and a copy thereof is on file in the office of the City Clerk)
Insert Table/Map No. 1
Williamson/Glen Manor
|