Metrolinx (Go Transit) v. Canadian Transportation Agency

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