Federal Court of Appeal Decisions

Decision Information

Metrolinx (Go Transit) v. Canadian Transportation Agency

Court (s) Database Federal Court of Appeal Decisions
Date 2010-02-03
Neutral citation 2010 FCA 38
File numbers 10-A-1

Decision Content

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”

J.A.

 

 

 

 

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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