Metrolinx can go ahead and cut down trees at Osgoode Hall, judge rules

Metrolinxwill be able tomove ahead with plans to cut down trees on the Osgoode Hall property in downtown Toronto, after an interim injunction expires at 12:01 Saturdaymorning.

Justice Charles Hackland with the Ontario Superior Court has dismissed a motion for a further injunction from the Law Society of Ontario.

Lawyers representing the provincial transit agency presented their arguments in a virtual courtroom Friday, a day after lawyers for the Law Society of Ontario (LSO) made their submissions.

Metrolinx's lawyers argued the agency provided ample notice about its plans, consulted with the law society and community at largeand considered many factors, including the heritage impacts of removing trees at the Osgoode Hall site.

"The time for further consultation is gone your honour, it's been two-and-a-half years, we've got a contract," saidSarit Batner, a member of the legal team representing Metrolinx.

"The train has left the station, so to speak."

Heritage argument

The Osgoode Hall site is owned jointly by the law society and the province, and now, by Metrolinx. On Thursday, the law society's lawyers argued that it is rare to have a historic site with three owners, and that the heritage value and impact cannot be divided along ownership lines, but must be viewed as a whole.

Last week, the society wrote toToronto city council, asking it to order Metrolinx not to proceedunder the Ontario Heritage Act.Metrolinx's lawyers, however, said the city would have no jurisdiction to do soas the heritage designation applies only to the land owned by the law societyand not to Metrolinx's lands.

Batner said the idea of the site being indivisible from a heritage perspective was an "interesting thought piece," but legally irrelevant.

Another one of Metrolinx's lawyers, Byron Shaw, said a misinterpretation of the Heritage Act is the"house of cards on which the LSO's entire case is constructed."

Justice Hacklandsaid he accepted Metrolinx's position.

'Not in my backyard'

Metrolinx's lawyers also refuted the suggestion that the agency should further consider the viability of an adjacent site at Campbell House Museum for the new subway station.

Batner noted there are several issues with the Campbell House site, including that transit riders would need to transfer between subway lines by exiting the station and walking outdoors across University Avenue causing both safety and convenience concerns.

She said even if that site was chosen, the construction work required would still affect the same trees at Osgoode Hall, and further, Campbell House also has its own heritage value.

"Not in my backyard, your honour. Nobody wants their heritage impacts, nobody wants the subway on their spot," Batner said.

Hackland also dismissed another injunction requestfrom the Haudenosaunee Development Institute.

In a statement on Friday night, Metrolinx said it was pleased with the decision and will resume work to get the Ontario LIne built as soon as possible.

"The Ontario Line alone will see almost 400,000 passengers every day, reduce crowding on existing subway lines and put nearly 50,000 more jobs within a short walk of transit. Riders can't afford any more delays," Metrolinx said.

However, the BOLD Community Coalition Toronto, whichadvocatesfor greater consultationand transparency from Metrolinx, said in a statement it was disappointed.

"This week's legal proceedings have exposed Metrolinx's dishonourable behaviour towards the law society, local communities, and Indigenous people,"the coalition said.

"Metrolinx has a clear choice: they can either collaborate more meaningfully and change their approach to consultation or continue to expect fights and delays."

The coalition saidit is "fully supportive" of new transit projects but isplanning "next steps" to hold Metrolinx accountable.

"We believe it is critical to build these projects in a way that is inclusive, acknowledges specific concerns, and minimizes short-term disruption for the very communities this project is intended to serve."