Chris Puskas

Metrolinx brought a motion to quash an appeal by the Haudenosaunee Development Institute (HDI) from an order dismissing its motion for an interlocutory injunction, and also sought to set aside an interim injunction granted by a single judge of the Court of Appeal.

Metrolinx further raised a preliminary allegation of reasonable apprehension of institutional bias against the court.

HDI, in turn, sought an extension of the interim injunction.

The Court of Appeal dismissed Metrolinx's bias challenge, finding no reasonable apprehension of bias.

The court then granted Metrolinx's motion to quash the appeal, concluding that the lower court's order was interlocutory, not final, and therefore the appeal lay with the Divisional Court with leave, not the Court of Appeal.

The Haudenosaunee Development Institute (HDI) sought an interim injunction from the Court of Appeal for Ontario to prevent Metrolinx from removing trees near Osgoode Hall.

This motion was brought pending HDI's motion for leave to appeal the Divisional Court's denial of leave to appeal an earlier injunction denial.

The Court of Appeal dismissed the interim injunction, finding that HDI failed to demonstrate a serious issue to be tried.

The court reiterated that appeals from an intermediate court's refusal of leave to appeal are generally not available unless the lower court mistakenly declined jurisdiction, an exception not met by HDI's arguments regarding constitutional rights or consultation.

The Haudenosaunee Development Institute (HDI) brought a motion for an interlocutory injunction to prevent Metrolinx from removing 11 trees on its property near Osgoode Hall, pending adequate engagement regarding the Ontario Line subway project.

The court dismissed the motion, finding that HDI would suffer no irreparable harm as the trees were not historically unique and would be replaced, and that monetary damages would suffice for any compensation claims.

Furthermore, the balance of convenience strongly favoured Metrolinx due to the severe financial and public interest consequences of delaying the transit project.