Excellent digging!
And a very well written judgement. Ironically, Metrolinx did win in the bigger picture, if not in detail. (Edit to Add: I can certainly see why Metrolinx appealed this decision, and I presume that's now to the I had presumed the easement was for a rail spur, not vehicular and pedestrian access. It still remains to be seen what becomes of the land, Metrolinx alone under the Metrolinx Act have powerful means of expropriation. Other Acts convey even more power.
This is telling: (bold emphasis mine)
[11] It is not disputed that Metrolinx requires and conducts inspections and maintenance of its tracks, ties, switches and signals opposite the Remicorp property at least twice per week. The future needs of Metrolinx in the area appear to be increasing with evidence Willowbrook services not only GO trains but the Union-Pearson Express and the future will require rehabilitation and/or replacement of the Royal York Road overpass.
[12] Remicorp has erected structures on its property without proper or prior approval, that is the necessary permits, two of which are on the existing Access Easement. It is seeking to regularize its structures with appeals to the appropriate administrative boards and/or tribunals with decisions pending this decision.
[13] The parties have also had unsuccessful discussions about the sale of the Remicorp property to Metrolinx with the outcome of this application likely to impact the value of the property.
Metrolinx obviously, contrary to recent statements, want the land, and will do what is necessary to gain it. I believe under the federal Transportation Act, let alone provincial powers, the power to regain what was once railway land is expedited, and the City would have no power to intervene, even on planning and zoning.
Edit to Clarify: [even on planning and zoning.] There are stipulations in the Transportation Act as to the conduct of the railway using land it has acquired and working with local jurisdictions and neighbours to ameliorate any legitimate concerns, but that is federally regulated, the City could only 'suggest' terms of usage, and appeal to the Federal Trans Minister or federal boards if they had legitimate concerns.
What remains bizarre is the City's approval of housing on the adjacent land on Judson, contrary to their own planning and legal departments' advice.
