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Cabinet (Ont) - Ministry of Infrastructure Act, 2011 (MIA). New Sunlight Inc. v. Ontario (Minister of Infrastructure)
In New Sunlight Inc. v. Ontario (Minister of Infrastructure) (Ont Divisional Ct, 2025) the Divisional Court dismissed a JR "seeking to set aside two pieces of subordinate legislation issued by the Lieutenant Governor in Council", here respecting a Toronto transit expropriation and a designation under the Transit-Oriented Communities Act, 2020.
Here the court briefly sets out some fact history of this Toronto transit expropriation case:[3] The parties were negotiating an agreement whereby New Sunlight would convey lands at Toronto’s East Harbour required for a priority transit project to the Respondent (“Ontario”) in exchange for Ontario upzoning the remaining land, thereby permitting New Sunlight to develop the remaining land at a greater density.
[4] During these negotiations, and without notice to New Sunlight, Cabinet issued the First OIC designating the entirety of New Sunlight’s East Harbour properties as “transit-oriented community land” (“TOC land”) under the Transit-Oriented Communities Act, 2020, S.O. 2020, c.18, Sch 20. This designation allows for lands to be expropriated without a landowner having the right to a hearing of necessity, which is an inquiry into whether a proposed expropriation is “fair, sound, and reasonably necessary in the achievement of the objective of the expropriating authority”. New Sunlight commenced this application for judicial review seeking to have the First OIC quashed. Before the application could be heard and again, without notice to New Sunlight, Cabinet issued the Second OIC authorizing Ontario to expropriate the entirety of New Sunlight’s lands to complete development on various transit, housing, and community infrastructure projects.
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Factual Background
[13] New Sunlight is a commercial and residential real estate developer with several properties on Sunlight Park Road in Toronto’s East Harbour. It is an affiliate of Talisker Corporation, a developer of commercial and residential real estate.
[14] The Respondent Minister of Infrastructure is responsible for administering Ontario’s TOC Program. . New Sunlight Inc. v. Ontario (Minister of Infrastructure)
In New Sunlight Inc. v. Ontario (Minister of Infrastructure) (Ont Divisional Ct, 2025) the Divisional Court dismissed a JR "seeking to set aside two pieces of subordinate legislation issued by the Lieutenant Governor in Council", here respecting a Toronto transit expropriation and a designation under the Transit-Oriented Communities Act, 2020.
Here the court considers the Ministry of Infrastructure Act ('MIA'):Ministry of Infrastructure Act (“MIA”)
[12] The MIA provides two avenues by which the Minister may expropriate land under ss. 10 (1) and (2):Expropriation
10 (1) Subject to the Expropriations Act, the Minister, for and in the name of the Crown, may, without consent of the owner, enter on, take and expropriate any land or interest in land that the Minister considers necessary for the use or purposes of the Government.
Lieutenant Governor in Council direction
(2) Subject to the Expropriations Act, the Minister, on the direction of the Lieutenant Governor in Council, for and in the name of the Crown, shall, without consent of the owner, enter on, take and expropriate any land or interest in land that the Lieutenant Governor in Council considers necessary for the benefit of the public.
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