Date: 20100203
Docket: 10-A-1
Citation: 2010 FCA
38
Present: NADON J.A.
BETWEEN:
METROLINX,
operating as GO TRANSIT
Applicant
and
THE CANADIAN TRANSPORTATION
AGENCY,
THE WEST TORONTO DIAMOND COMMUNITY GROUP,
and
THE CITY OF TORONTO
Respondents
Heard at Toronto, Ontario, on January 28, 2010.
Order delivered at Montreal, Quebec, on February 3, 2010.
REASONS
FOR ORDER BY: NADON
J.A.
Date: 20100203
Docket: 10-A-1
Citation: 2010 FCA 38
Present: NADON
J.A.
BETWEEN:
METROLINX, operating as GO
TRANSIT
Applicant
and
THE CANADIAN TRANSPORTATION AGENCY,
THE WEST TORONTO DIAMOND COMMUNITY GROUP,
and
THE CITY OF TORONTO
Respondents
REASONS FOR ORDER
NADON J.A.
[1]
The
applicant, Metrolinx, operating as Go Transit, seeks an Order staying Canadian
Transportation Agency decision no. 507-R-2009, dated December 7, 2009.
[2]
Metrolinx
says that it meets the test for a stay set out by the Supreme Court of Canada
in RJR - MacDonald Inc. v. Canada (Attorney General), [1994]1 S.C.R.
311: that its leave application raises a serious issue, that without a stay it
will suffer irreparable harm and that the balance of convenience lies in its
favour.
[3]
I have
carefully reviewed the parties’ submissions in the light of the material
submitted and I have concluded that the balance of convenience favours the
residents of the West Toronto Diamond Community. Hence, I need not address the
other requirements of the RJR - MacDonald test.
[4]
As a
result, Metrolinx’s motion for a stay of decision 507-R-2009 will be dismissed.
Costs will be awarded only to the West Toronto Diamond Community Group, as the
City of Toronto has indicated that it is not
seeking costs.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: 10-A-1
STYLE OF CAUSE: METROLINX
v. CANADIAN TRANSPORTATION AGENCY et al.
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: January 28, 2010
REASONS FOR JUDGMENT BY: Nadon J.A.
DATED: February 3, 2010
APPEARANCES:
|
Mr. John B. Laskin
Ms
Afshan Ali
|
FOR
THE APPLICANT
|
|
Ms. Elizabeth Barker
Mr.
David Baker
Mr.
Graham Rempe
Mr.
David Gourlay
Mr.
Cory Lynch
|
FOR
THE RESPONDENT CANADIAN TRANSPORTATION AGENCY
FOR
THE RESPONDENT WEST TORONTO DIAMOND COMMUNITY GROUP
FOR
THE RESPONDENT CITY OF TORONTO
|
SOLICITORS OF RECORD:
|
Torys LLP
Toronto
ON
|
FOR
THE APPLICANT
|
|
Canadian Transportation Agency, Legal
Services
Gatineau QC
Bakerlaw, Barristers and Solicitors
Toronto
ON
City
of Toronto, Legal Services
Toronto ON
|
FOR
THE RESPONDENT CANADIAN TRANSPORTATION AGENCY
FOR
THE RESPONDENT WEST TORONTO DIAMOND COMMUNITY GROUP
FOR
THE RESPONDENT CITY OF TORONTO
|
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