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Expropriation of the Private Lane which Extends Northerly
from Humberside Avenue, between High Park and
Pacific Avenue, for Public Lane Purposes (High Park)
The Toronto Community Council recommends that:
(1) City Council approve the proposed expropriation of the private lane which extends northerly from Humberside Avenue, between High Park Avenue and Pacific Avenue, for public lane purpose, 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;
(2) City Council authorize, as recommended by the Inquiry Officer, the payment of $200.00 in costs to the solicitor for the objector;
(3) the City Clerk be directed to cause the decision of City Council, and reasons to be served upon Mr. Timothy P. Czajkowski, c/o Serge Jusyp, Suite 112, 100 Wellesley Street East, Toronto, Ontario, M4Y 1H5, party 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; and
(4) (a) the City Clerk or designate and 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 that 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) 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.
The Toronto Community Council submits the following report (February 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 the application to expropriate the private lane described above for public lane purposes.
Funding Sources, Financial Implications and Impact Statement:
Funding for the payment of fair market value and damages claimed in connection with the expropriation of the private lane at this location is 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 authorize, as recommended by the Inquiry Officer, the payment of $200 in costs to the solicitor for the objector.
(4) The City Clerk be directed to cause the decision of City Council, and reasons to be served upon Mr. Timothy P. Czajkowski, c/o Serge Jusyp, Suite 112, 100 Wellesley Street East, Toronto, Ontario, M4Y 1H5, party 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 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 that 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 19, City Services Committee Report No. 10, adopted at its meeting held on July 24 and 25, 1995, 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 those lands designated as PARTS on a Reference Plan deposited in the Land Registry Office for the Metropolitan Toronto Registry Division (No. 64), all as set out in the following Schedule:
Part(s) Reference Plan Lot/Block Registered Plan
1 64R-14136 Part of Lot 13 in Block 16 553-York
2 64R-14136 Parts of Lots 12 and 13 in Block 16 553-York
3, 4 64R-14136 Part of Lot 12 in Block 16 553-York
5 64R-14136 Part of Lot 11 in Block 16 553-York
6 64R-14136 Part of Lots 10 and 11 in Block 16 553-York
7, 8 64R-14136 Part of Lot 10 in Block 16 553-York
12, 22 64R-14136 Part of Lot 8 in Block 16 553-York
13 64R-14136 Parts of Lots 7 and 8 in Block 16 553-York
14, 15 64R-14136 Part of Lot 7 in Block 16 553-York
16 64R-14136 One Foot Reserved 741-York
17, 18 64R-14136 Part of Lot 30 in Block 16 553-York
19, 20 64R-14136 Part of Lot 9 in Block 16 553-York
21 64R-14136 Parts of Lots 8 and 9 in Block 16 553-York
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 City Solicitor to make any necessary applications to a Judge of the Supreme Court of Ontario to appoint the Public Trustee to represent the interests of any owners served pursuant to subsection 1 of Section 5 of The City of Toronto Act, 1981;
(6) The appropriate City Officials to report further to Council as the occasion may require;
(7) A by-law to lay out the lands to form the new lane as described in Schedule `A' above, including the parcels identified as Parts 9, 10 and 11 on Plan 64R-14136, and thereafter dedicate the lands for public lane purposes; and
(8) 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 Mr. Timothy P. Czajkowski, the owner of the property at 217 High Park Avenue, Toronto, Ontario.
An Inquiry Officer was appointed and on January 13, 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 15, 1998, a copy of which is attached as Schedule "A" to this report.
The objections of Mr. Timothy P. Czajkowski centred around his belief that:
(a) there were no issues of safety or utility with respect to the lane;
(b) that the question of paving, drainage and lighting was not a concern; and
(c) any improvements to the laneway would lead to increased traffic.
After consideration of the evidence, the Inquiry Officer recommended that:
(1) The Expropriating Authority complete expropriation of Parts 1 to 8 and 12 to 22 inclusive, on Plan 64R-14136, as the taking of these parts is required for public lane purposes and such taking is fair, just and reasonably necessary for the purpose of the Expropriating Authority.
(2) The solicitor representing the party to the inquiry receive the sum of $200.00 for costs.
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, including the granting of costs.
Contact Name:
Edward A. Earle
Legal Services
Tel: 392-7226
A copy of Schedule "A" referred to in the report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on February 18 and 19, 1998, and a copy thereof is on file in the office of the City Clerk.
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