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You may have been surprised to read the headlines about Metrolinx buying 25 homes on Pape Avenue and forcefully requiring the residents to move. How can they force homeowners to sell their homes and relocate?
It’s called expropriation – and while it isn’t a frequent occurrence in Toronto, it’s important to understand it.
The Pape Avenue expropriations result from the latest development in the never-ending saga of expanding Toronto’s subway system. Metrolinx recently discovered that the tunnelling required to build the new system would threaten the structural integrity of the 25 houses on Pape Avenue, between Langley and Riverdale Avenues. Their solution? Buy the houses and land and force people to move. Understandably, the people affected are shocked, frustrated and confused.
Here are 6 things you need to know about expropriations:
- Yes, they can legally take your private home and land and force you to relocate. Ontario’s Expropriation Act allows the government to take land without the owner’s consent, provided they compensate the owner. In Ontario, properties can be expropriated for government use or delegated to a third party for public or civic use. Properties are usually expropriated to accommodate public utilities, transportation corridors or public facilities.
- Compensation is based on market value When land is expropriated, appraisers are hired to determine fair market value – in other words, how much the home/land would sell for in an open market. Owners might be eligible for damages attributed to disturbances, including moving and legal costs. They might also be eligible for an allowance of up to 5% of the property’s value to compensate for the inconvenience and cost of finding another home.
- Tenants are affected, too. When a property/land is expropriated, it’s not just the owners who have to vacate – the tenants also have to leave. Tenants have a right to claim compensation and are usually offered relocation assistance.
- Expropriation can take as little as 4 months – though the process usually takes 9-12 months. In the Metrolinx/Pape Street expropriation, they’ve asked homeowners to vacate by November 2025.
- Owners can oppose an expropriation by requesting a Hearing of Necessity. The hearing evaluates if taking over the property is truly required – it doesn’t deal with compensation, timing or any other issues. The hearing results and findings must be considered by the government body doing the expropriating- but they aren’t binding. They can still do as they please.
- Businesses can be affected, too. Compensation options are available if a business is forced to relocate. In the Metrolinx case, at least one home-based business (a daycare) must move.
Expropriations aren’t common in Toronto – but they are completely legal. Let’s just hope Metrolinx doesn’t come after too many more homes.
