The applicant, a citizens' group, sought judicial review of the City of Toronto and TTC's decision to construct a dedicated streetcar right-of-way on St. Clair Avenue West.
The applicant argued the project breached s. 24(1) of the Planning Act for failing to conform with the official plan and that the City failed to complete a proper environmental assessment.
The Divisional Court dismissed the application, finding the environmental assessment challenge was an impermissible collateral attack on the Minister's decision to refuse a 'bump up' request.
The Court also held that the project conformed with the transportation policies of the newly approved Official Plan.
