Subsurface Expropriations for the Ontario Line: What Toronto Property Owners Need to Know

The Ontario Line is a new 15.6-kilometre subway line set to run from Exhibition / Ontario Place through downtown Toronto to Don Mills / Eglinton Ave. To build tunnels and related infrastructure, Metrolinx is acquiring property interests above and below the surface of existing homes and businesses. This article focuses specifically on the acquisition of subsurface rights or interests in land. These interests are sometimes referred to as “subsurface fee simple interests”, “subsurface tunnel property requirements”, or even “subsurface fee simple stratified interests”.

If you received a notice or have been contacted about the taking of a portion of your property for the Ontario Line, it’s important to understand what is being acquired, how it may affect your property, and what steps you should take to protect your property and your rights under Ontario’s Expropriations Act.

If you’re not sure what kind of right is being expropriated, or may be expropriated, please do not hesitate to reach out to one of the expropriation law lawyers on our team for assistance.

What this Means for Property Owner

If Metrolinx requires a subsurface interest in your property, you may be entitled to compensation beyond the value of the land. Depending on the individual circumstances of your case, this could include compensation for impacts resulting from underground or surrounding construction.

For example, potential impacts could include:

• Restrictions on the development potential of your property.
• Construction-related impacts such as settlement, vibration, noise, access issues, and business interruption during works.
• Long-term impacts (for example, vibration or noise from trains) that may affect the enjoyment, use, rental value, or marketability of your property.

These types of impacts may be considered to be “injurious affection” under the Expropriations Act.

What to Do if You Receive a Notice About a Subsurface Taking

If you have been contacted by Metrolinx or their consultants about a tunnel interest under your property, you should act promptly to understand and protect your rights.

Key steps for owners:

• Carefully review any notices or forms to ensure they are accurate and to understand their impacts.
• Obtain and keep copies of all notices, letters, drawings, and plans you receive, including any expropriation plans or appraisals.
• Document the existing condition of your property before Metrolinx acquires the subsurface right from you and before it commences construction.
• Seek independent legal advice from a lawyer who practices in the area of expropriation law before accepting any offer of compensation or signing releases or agreements that could limit future claims.
• Engage qualified appraisal and other experts where appropriate. In many cases, reasonable professional costs (including legal) can be recovered as part of your compensation under the Expropriations Act.

Prompt advice can help preserve your rights and improve your chances of securing fair compensation for both the underground interest taken and the impact on the remainder of your property. Contact one of the lawyers from our expropriation law team to learn more about your rights today.