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Darkstar416
Guest
You may have posted first, but I go the most replies! :b
Gelato's on me anyway!
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Gelato's on me anyway!
D
dan e 1980
Guest
when does construction start?
G
ganjavih
Guest
Yes!
D
Darkstar416
Guest
From Transit Toronto:
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Tuesday, February 21, 2006
St. Clair ROW gets the go-ahead
It looks llike the TTC now has the legal authority to move forward with construction of the St. Clair right-of-way. In today’s decision, The Divisional Court’s mentions that the Ontario Municipal Board (OMB) on Jan 26, 2006 ruled that while the new Official Plan wasn’t “official†in the formal sense, it was still valid in terms of urban planning theory. The court then goes on to criticize the Save Our St. Clair group (SOS), saying that they have no leg to stand on regarding challenging the Ministry of the Environment’s decision about the environmental assessment:
“SOS in this application is now inviting the Court to indirectly call into question the expertise and experience of the Minister . The Minister’s order of June 3, 2005 approving the Project is not the subject of this application . We decline the invitation to review the issues raised by SOS in respect of the Class EA process and in respect to the environmental issues, as they are a collateral attack on the Minister’s decision…
The Courts will not review decisions of Ministers of the Crown unless it were demonstrated that they were made in bad faith or that the Minister clearly failed to comply with the statutory conditions.â€
Thanks to Joe Travers of Biking Toronto for the tip.
Posted by matt_blackett at 06:39 PM
===============================
==============================
Tuesday, February 21, 2006
St. Clair ROW gets the go-ahead
It looks llike the TTC now has the legal authority to move forward with construction of the St. Clair right-of-way. In today’s decision, The Divisional Court’s mentions that the Ontario Municipal Board (OMB) on Jan 26, 2006 ruled that while the new Official Plan wasn’t “official†in the formal sense, it was still valid in terms of urban planning theory. The court then goes on to criticize the Save Our St. Clair group (SOS), saying that they have no leg to stand on regarding challenging the Ministry of the Environment’s decision about the environmental assessment:
“SOS in this application is now inviting the Court to indirectly call into question the expertise and experience of the Minister . The Minister’s order of June 3, 2005 approving the Project is not the subject of this application . We decline the invitation to review the issues raised by SOS in respect of the Class EA process and in respect to the environmental issues, as they are a collateral attack on the Minister’s decision…
The Courts will not review decisions of Ministers of the Crown unless it were demonstrated that they were made in bad faith or that the Minister clearly failed to comply with the statutory conditions.â€
Thanks to Joe Travers of Biking Toronto for the tip.
Posted by matt_blackett at 06:39 PM
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JoeyCuppa is that you?
J
JoeyCuppa
Guest
I got the news in an email, and posted about it over on BikingToronto, as pro-transit plans help cyclists, in my belief system. 
I've hosted a PDF version of the legal decision, as well.
This is fantastic news.
I've hosted a PDF version of the legal decision, as well.
This is fantastic news.
F
fiendishlibrarian
Guest
ASAP.
M
MetroMan1000
Guest
^Just in time for Spring construction season. I'll be thumbing my nose at SOS supporting stores when I ride the ROW.
J
JoeyCuppa
Guest
My secret identity has been compromised! Quick, to the BatCave!
A
adma
Guest
I heard a Joe Mihevc news soundbite that they likely won't get going until spring thaw...
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dan e 1980
Guest
if they start this spring, when will they finish?
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drum118
Guest
It was stated some months ago at a TTC meeting that construction would start in June subject to what changes that will have to be made now.
Also, current contracts will have to be updated or retender and that will dictate the start-up time..
Also, current contracts will have to be updated or retender and that will dictate the start-up time..
A
allabootmatt
Guest
Let's hope that the extra $30M for beautification is allocated soon...although that looks unlikely in the current fiscal environment. Maybe it would help to hit up some of the big corps with offices along St. Clair? Between Maple Leaf, ScotiaBank, Rolex, and whatever that big insurance company (Imperial Life or soemthing?) maybe the city could shake down a few million for a further spruce-up.
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FutureMayor
Guest
I had no doubt that the Streetcar Row would get court approval.
I have to give respect to the SOS group for fighting City Hall. While I personally don't agree with their views points, I think it's great that they excersied their democratic rights to fight City Hall. Anything to raise the level of civic engagement in this city is great for our city's future.
Well done! Now let's get building!
Louroz
I have to give respect to the SOS group for fighting City Hall. While I personally don't agree with their views points, I think it's great that they excersied their democratic rights to fight City Hall. Anything to raise the level of civic engagement in this city is great for our city's future.
Well done! Now let's get building!
Louroz
D
dan e 1980
Guest
Court gives St. Clair streetcar green light
Feb. 22, 2006. 01:00 AM
VANESSA LU
CITY HALL BUREAU CHIEF
The troubled St. Clair streetcar project is back on track — again.
A Divisional Court panel yesterday gave the City of Toronto and the Toronto Transit Commission the go-ahead to build the 6.7-kilometre dedicated streetcar line along St. Clair Ave. W.
In a 19-page decision, the three-member panel ruled that the city has the legal authority to build the right-of-way that would physically separate the tracks in the centre two lanes of the street with a 15-centimetre raised curb.
"It is not for this court to inquire into the issue whether the project is good planning or bad planning or somewhere in between," said the ruling. "Those are political decisions made by elected members of city council. The court's duty is confined to ensuring that the process was carried out according to rule of law."
The grassroots organization Save Our St. Clair (SOS) has spearheaded the fight to block the $65 million transit expansion project.
Last October, a three-member Divisional Court panel sided with SOS, ruling the city violated the Planning Act with the project — putting the brakes on construction that had been set to begin.
Shortly after the loss, city lawyers complained that one of the judges — Justice Ted Matlow — was biased against the city because of a long-running battle over a development project in his neighbourhood.
After hearing the city's argument, the two other judges on the original panel, Justices Susan Greer and Ellen Macdonald, ruled that while they didn't believe their decision was tainted, it should be thrown out because of the perception of possible bias. That paved the way for a second hearing in January before the new panel.
The main issue is whether the project complies with the city's official plan — and which official plan.
Although the city adopted a new official plan in 2002, portions of it have been tied up in appeals before the Ontario Municipal Board.
SOS's lawyer Eric Gillespie argued that the streetcar project did not meet the conditions under the official plan dating from 1994.
However, because of the delays between the Divisional Court hearings, the OMB approved on Jan. 25 the city's transportation policies, ensuring that the streetcar project now complies with the new official plan.
"The court appears to be saying that the project can proceed," Gillespie said. "But the official plan is only partially approved."
He also questioned the panel's decision to ignore a long-held planning principle that states rules in place when an applicant begins a project apply even if rules change. "It does raise concerns if the goalposts can be moved for a whole community," he said.
SOS's Margaret Smith said, "We are disappointed at this outcome, but not yet convinced that this fight is over."
Her group has 15 days to decide whether to appeal.
Councillor Joe Mihevc said the city is eager to get construction under way.
"The only impediment right now is old man winter," he said, noting the city would have to pay an expensive premium to begin work immediately.
Negotiations with contractors are expected over the next few months, with work not likely to begin until May. Track has been sitting in the middle of St. Clair Ave. since the summer, and only buses are running between Yonge and Bathurst stations.
Estimates suggest the legal delays have cost the city $2.7 million — $1.9 million in inflationary costs plus $800,000 in legal bills.
Elizabeth Cinello, a spokesperson for the St. Clair Right-of-Way Initiative for Public Transit, which supports the project, was delighted with the ruling.
"We're really excited. We celebrate the decision," she said.
Feb. 22, 2006. 01:00 AM
VANESSA LU
CITY HALL BUREAU CHIEF
The troubled St. Clair streetcar project is back on track — again.
A Divisional Court panel yesterday gave the City of Toronto and the Toronto Transit Commission the go-ahead to build the 6.7-kilometre dedicated streetcar line along St. Clair Ave. W.
In a 19-page decision, the three-member panel ruled that the city has the legal authority to build the right-of-way that would physically separate the tracks in the centre two lanes of the street with a 15-centimetre raised curb.
"It is not for this court to inquire into the issue whether the project is good planning or bad planning or somewhere in between," said the ruling. "Those are political decisions made by elected members of city council. The court's duty is confined to ensuring that the process was carried out according to rule of law."
The grassroots organization Save Our St. Clair (SOS) has spearheaded the fight to block the $65 million transit expansion project.
Last October, a three-member Divisional Court panel sided with SOS, ruling the city violated the Planning Act with the project — putting the brakes on construction that had been set to begin.
Shortly after the loss, city lawyers complained that one of the judges — Justice Ted Matlow — was biased against the city because of a long-running battle over a development project in his neighbourhood.
After hearing the city's argument, the two other judges on the original panel, Justices Susan Greer and Ellen Macdonald, ruled that while they didn't believe their decision was tainted, it should be thrown out because of the perception of possible bias. That paved the way for a second hearing in January before the new panel.
The main issue is whether the project complies with the city's official plan — and which official plan.
Although the city adopted a new official plan in 2002, portions of it have been tied up in appeals before the Ontario Municipal Board.
SOS's lawyer Eric Gillespie argued that the streetcar project did not meet the conditions under the official plan dating from 1994.
However, because of the delays between the Divisional Court hearings, the OMB approved on Jan. 25 the city's transportation policies, ensuring that the streetcar project now complies with the new official plan.
"The court appears to be saying that the project can proceed," Gillespie said. "But the official plan is only partially approved."
He also questioned the panel's decision to ignore a long-held planning principle that states rules in place when an applicant begins a project apply even if rules change. "It does raise concerns if the goalposts can be moved for a whole community," he said.
SOS's Margaret Smith said, "We are disappointed at this outcome, but not yet convinced that this fight is over."
Her group has 15 days to decide whether to appeal.
Councillor Joe Mihevc said the city is eager to get construction under way.
"The only impediment right now is old man winter," he said, noting the city would have to pay an expensive premium to begin work immediately.
Negotiations with contractors are expected over the next few months, with work not likely to begin until May. Track has been sitting in the middle of St. Clair Ave. since the summer, and only buses are running between Yonge and Bathurst stations.
Estimates suggest the legal delays have cost the city $2.7 million — $1.9 million in inflationary costs plus $800,000 in legal bills.
Elizabeth Cinello, a spokesperson for the St. Clair Right-of-Way Initiative for Public Transit, which supports the project, was delighted with the ruling.
"We're really excited. We celebrate the decision," she said.
G
ganjavih
Guest
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