The Law Society of Ontario (LSO) brought an application for an interlocutory injunction to prevent Metrolinx from removing mature trees and commencing construction of a subway station on the historic Osgoode Hall site.
The LSO argued that Metrolinx's actions required municipal approval under s. 33(1) of the Ontario Heritage Act.
The court dismissed the application, finding no serious issue to be tried because s. 33(1) does not apply to neighboring property owners or to prescribed public bodies like Metrolinx, which are governed by a separate statutory regime.
The court also found that the balance of convenience favoured allowing the critical public transit project to proceed.
