Metrolinx Expropriation - The Complete Story

Peel Condominium Corporation No. 437 has now completed the compensation process relating to the Metrolinx expropriation affecting a portion of the Corporation’s common elements at 2800 Skymark Avenue.

This matter began when Metrolinx identified a requirement for certain property interests at the southwest corner of the property, near Commerce Boulevard and the Mississauga Transitway, in connection with the Eglinton Crosstown West Extension Project. The property interests included both permanent takings and temporary easement rights required for construction and staging purposes.

From the outset, the Board of Directors and Management treated the matter seriously and worked closely with the Corporation’s legal counsel, Gareth Stackhouse of Common Ground Condo Law, to ensure the Corporation’s interests were protected. The objective was to understand the scope of the taking, comply with the Corporation’s statutory obligations, minimize disruption to the property, and maximize the compensation payable to the Condominium.

In May 2025, owners and registered mortgagees were formally notified that Metrolinx had issued a Notice of Application for Approval to Expropriate Land. The notice explained that portions of the common elements were proposed to be permanently taken, while other areas would be subject to a temporary easement for a period of 99 months. At that time, owners were advised that the Corporation would work to maximize the compensation payable under the Expropriations Act and would provide further updates as information became available.

Over the following months, Management, the Board, and legal counsel reviewed the property requirements, the applicable plans, the compensation framework, and the valuation information provided in connection with the expropriation. This included reviewing the proposed fee simple lands, the temporary easement lands, and the effect of the taking on the Corporation’s common elements.

An important part of this process was the Board’s decision to challenge the initial valuation position and seek improved compensation. Metrolinx’s initial compensation offer was $141,337. Management obtained a secondary appraisal from 7Appraisal in the amount of $152,600, which supported a higher valuation of the property interest being taken. Based on this information, legal counsel advised that there was a reasonable basis to request a higher compensation amount. The Board agreed and directed counsel to ask Metrolinx to revise its offer closer to $195,817.

Following further negotiation, the Corporation ultimately reached a full and final settlement with Metrolinx in the amount of $175,000. This represented a significant improvement over the initial offer and reflected the Board’s efforts to ensure that the Corporation did not simply accept the first valuation presented. In addition to the compensation amount, the settlement agreement also provided for the reimbursement of the Corporation’s reasonable legal, appraisal, and professional costs incurred in connection with the matter.

The final settlement agreement confirms that Metrolinx expropriated certain fee simple lands and temporary easement lands from the Corporation for the purposes of the Eglinton Crosstown West Extension Project. It also confirms that the agreed compensation payable to the Corporation is $175,000, with payment to be made by Metrolinx pursuant to the terms of the agreement.

After the settlement was finalized, the Board carefully considered how the proceeds should be handled. Rather than retaining the funds within the Corporation, the Board resolved to distribute the full settlement amount back to owners based on each unit’s proportional interest as set out in Schedule D of the Corporation’s Declaration. This approach recognizes that the compensation related to the taking of property interests forming part of the common elements owned collectively by all unit owners.

Management has since been working through the administrative requirements necessary to process the distribution, including confirming ownership information and preparing the disbursement cheques.

The Board and Management appreciate that expropriation matters can be complex and time-consuming. However, through several months of review, negotiation, legal consultation, and valuation work, the Corporation was able to secure a materially improved settlement for the benefit of owners.

This outcome reflects the Board’s commitment to responsible governance, careful oversight, and protecting the long-term interests of Peel Condominium Corporation No. 437.