Metrolinx's Osgoode Hall tree removal on pause as court grants injunction

Ontario Superior Court of Justice grants interim injunction until at least Feb. 10, law society says

Cbc.ca
Feb. 6, 2023
Vanessa Balintec

Metrolinx's planned removal of trees at Osgoode Hall has been put on pause until at least Feb. 10, after an Ontario Superior Court justice granted an interim injunction.

The injunction comes less than a day after Metrolinx was seen removing some limbs from the centuries-old trees Saturday morning. Local advocates were seen protesting against the move, however, later that day, Metrolinx said it agreed to temporarily pause the removal work ahead of the court hearing.

"The Law Society of Ontario is pleased with the outcome of the proceedings," said spokesperson Wynna Brown in an email Sunday morning."We extend our thanks to the Courts and community and look forward to next steps in the process."

Osgoode Hall, located on Queen Street West, houses the Ontario Court of Appeals, Superior Court of Justice and the Law Society of Ontario, which co-owns the property with the provincial government.

In a statement Sunday, Metrolinx reiterated its been engaging with communities, including the law society, on this project for over two years.

"We met with the Law Society of Ontario 17 times prior to the start of work to avoid unnecessary delays that will cause significant financial consequences to taxpayers and commuters.

"We look forward to resolving this matter quickly, getting this new subway built and serving nearly 400,000 passengers every day."

The Build Ontario Line Differently (BOLD) Coalition, which represents community groups opposed to how Metrolinx is conducting work on the Ontario Line, says it's "thrilled" to learn the injunction has been granted.

However it says it's "fully aware" not every community is able to work with some of the "finest legal minds in the country" to get this result, pointing to Metrolinx's recent tree removal work at nearby Moss Park for the Ontario Line. It says 61 trees were "wrongfully" cut down.

"Ordinary citizens, let alone City Hall or institutions like the Law Society, should not have to go to court to be heard," reads a statement from the coalition on Twitter.

"This is a wake-up call that Metrolinx's so-called 'public consultation' lacks integrity and their behaviour is no longer trustworthy."

The coalition wants more time from the province's regional transit agency to consider a third-party review, overseen by the city. It found while the Osgoode Hall station placement worked best for commuters, a site at the nearby Campbell House could potentially work as an alternative and benefit from further analysis.

The coalition says its next steps include meeting with city councillors this week to convince Metrolinx to build Osgoode station without uprooting historic trees in the area.

Judge says interim injunction is 'just'
According to court documents obtained by CBC Toronto, Justice William Chalmers said preventing Metrolinx from cutting anymore trees at the site until midnight Friday is "just," in his injunction decision.

The law society argued that it should be given an opportunity to consider the third-party review, particularly since it expected there would be further discussions and consultations once the Parsons report was provided -- something Metrolinx denies it agreed to do.

"Why commission a report if it is not going to be considered?" said Chalmers.

Because Metrolinx started tree removal work before the third-party report in full was provided, the law society argues what went before Chalmers was an incomplete record and it needed more time to advance its arguments in court.

At least one tree has been cut before the transit agency called down removal operations, the document reads.

Heritage expert expected to weigh in
The law society told Chalmers it will take the next few days to get its own report from a heritage expert and to conduct cross examinations, if necessary.

Meanwhile, Metrolinx argued that the law society has no legal basis to stop them from cutting down the trees, as it's not on the portion of land the law society owns, but on the land it got by expropriation last year.

It also noted the sections of the province's heritage act that would normally apply restrictions on development do not apply to Metrolinx as a prescribed public body.

Even if the station is moved to the Campbell House location, Metrolinx says the same trees on Osgoode Hall property would still need to go.

According to the court documents, Metrolinx scheduled tree removal to take place this weekend and the next. If the removal is not completed by the end of April, Metrolinx says it would have to pay between $1-2 million each day in late contract fees.

"It is my view that the loss of one day of tree cutting does not tip the balance in its favour," Chalmers said.