Vaughan Vellore Secondary School Site - York Region District ...

BACKGROUND:
YORK REGION DISTRICT SCHOOL BOARD
VAUGHAN VELLORE SECONDARY SCHOOL SITE:
EXPROPRIATION OF LANDS
At its meeting on March 2, 2010, Property Management Committee approved the first step in
the expropriation of the Vaughan Vellore Secondary School Site, that being notice of application
for approval to expropriate. The notice was issued in April, 2010. Subsequently, one of the
two landowners whose lands comprise the school site requested a Hearing of Inquiry. The
purpose of a Hearing of Inquiry is to determine if the expropriating authority is reasonably
justified in the taking of the land. The Hearing required that Board staff and representatives of
the landowner give evidence before a Hearing Officer. The Inquiry Officer’s report was recently
issued; the decision found that the Board was justified in the taking of the land.
RATIONALE:
Staff is recommending that the Board proceed with the second step in their approval of the
expropriation which will require the preparation and registration of a plan of expropriation and
the serving of notice on the owners for the land. The notice will indicate that the Board will
assume ownership of the land within at least a three month period.
The language used in the recommendations below has been prepared on the advice of our
solicitor. Attached are two Schedules and a sketch: the first schedule refers to the Lands to be
expropriated, the second refers to the reasons for expropriation. The lands to be expropriated
are shown as parcels “D” and “E”.
RECOMMENDATIONS:
ROUTINE
That on the recommendation of the Property Management Committee, the York Region
District School Board approve the following recommendations.
WHEREAS the York Region District School Board (the “Board”) requires the fee simple interest
in the lands more particularly described in Schedule “A” (the “Lands”) appended hereto for the
purpose of acquiring in its jurisdiction a secondary school site on Major MacKenzie Drive West
in the City of Vaughan;
AND WHEREAS the Board approved an Application for Approval to Expropriate Land pursuant
to a resolution dated March 25, 2010 for the Lands and on April 29, May 6 and 13, 2010
published a Notice of Application for Approval to Expropriate Land in the local newspaper
having circulation in the area of the Lands and on April 27, 2010 served the said Notice upon
the registered owners;
AND WHEREAS an inquiry was held on September 28, 2010 with respect to part of the Lands
owned by Pizzardi Investments to determine if the taking is fair, sound and reasonably
necessary in the achievement of the objectives of the expropriating authority;
AND WHEREAS the Board has received and considered the decision of the Inquiry Officer
Douglas S. Colbourne dated November 15, 2010 wherein the Inquiry Officer found that the

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proposed taking is reasonably defensible in the achievement of the Board’s objective of meeting
the demand for a secondary school;
AND WHEREAS the Board approves of the expropriation for the reasons set out herein in
Schedule “B”;
AND WHEREAS pursuant to Section 195(1) of the Education Act, R.S.O. 1990, c. E.2, as
amended, a school board may expropriate a school site that is within its area of jurisdiction;
AND WHEREAS pursuant to Section 4(1) of the Expropriations Act, R.S.O. 1990, c.E.26, as
amended (hereinafter referred to as the “Expropriations Act”), an expropriating authority shall
not expropriate land without the approval of the approving authority;
AND WHEREAS pursuant to Section 5(1)(b) of the Expropriations Act where an elected school
board expropriates lands, the approving authority shall be the school board;
AND WHEREAS the Board shall conduct the expropriation in accordance with the
Expropriations Act.
RESOLVED, that the York Region District School Board hereby approves the expropriation of
the Lands for the written reasons attached hereto as Schedule “B”; and
THAT the decision of the York Region District School Board to approve the expropriation and
the written reasons therefore be served upon the parties to the inquiry and upon the Inquiry
Officer; and
THAT, the Chair and the Director of Education and Secretary of the Board and/or Treasurer of
the Board are hereby authorized and directed to sign and execute the Certificate of Approval
and Expropriation Certificate on the expropriation plan and all other notices and documents
which are necessary to carry out the provisions of this resolution; and
THAT, a Plan of Expropriation be prepared and registered in the proper land registry office with
respect to the Lands; and
THAT, a Notice of Expropriation be served upon the registered owners together with a copy of
the Expropriation Plan and a Notice of Election, relating to the date of assessment of
compensation; and
THAT, an appraisal report estimating the market value of the Lands be obtained from an
accredited appraiser and that such environmental testing as is appropriate be conducted on the
Lands; and
THAT, an offer of an amount in full compensation for the registered owner’s interest in the
Lands, and an offer for immediate payment of 100% of the market value as estimated by the
expropriating authority, all in accordance with s. 25 of the Expropriations Act, be served,
together with a copy of the appraisal report on which the offer of compensation is based; and
THAT a Notice of Possession be served requiring possession of the Lands at least three
months after the date of service of the said Notice; and
THAT the York Region District School Board is hereby authorized to enter and take possession
of the expropriated Lands on the day permitted under the Expropriations Act, or pursuant to any

Vaughan Vellore SS Site: Expropriation of Lands Page 3 of 3
Court Order thereunder, or pursuant to any agreement entered into between the relevant
owners and the York Region District School Board; and
THAT, the York Region District School Board staff and authorized agents are hereby otherwise
authorized and directed to do all things required arising from the authorizations provided for by
this resolution.
COMMUNICATIONS IMPLEMENTATION PLAN:
Property Management Committee November 30, 2010
Coordinating Council of Superintendents December 1, 2010
Board December 16, 2010
APPENDED DATA:
Schedule A – Lands to be Expropriated
Schedule B – Reasons for Expropriation
Appendix C – Sketch showing Lands to be Expropriated
Respectfully submitted,
December 16, 2010
For further information, please contact R. Benson, J. Ross or the Director of Education.

SCHEDULE A
All in the City of Vaughan, in the Regional Municipality of York;
All of PIN 03327-0131 (LT) and Part of PIN 03327-0130 (LT) and Part of PIN 03327-
0132 (LT) being Part of Lot 21, Concession 6, former Township of Vaughan more
particularly shown as Parcels D and E on the Sketch to Illustrate prepared by Lloyd &
Purcell dated February 24, 2010.

SCHEDULE “B”
Reasons for the Decision to Approve the Expropriation
(a) to respond to increased and projected increases in student enrolment;
(b) to implement the Board secondary school site criteria, policies and
procedures;
(c) to implement the policies of Official Plan Amendment No. 600 of the City
of Vaughan and the provisions of the City of Vaughan Zoning By-law No.
1-88;
(d) to provide safe ingress and egress to the school site;
(e) to reduce travel distances for students located within the boundaries of the
school area;
(f) to reduce the overflow of students at existing secondary schools;
(g) to provide a school site next to a park;
(h) to provide a safe location for students, faculty and staff; and
(i) to meet the construction of the school by 2013.
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