Court File and Parties
DIVISIONAL COURT FILE NO.: 430/19 and 434/19
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: CRAFT ACQUISITIONS CORP., P.I.T.S. DEVELOPMENT INC., CANADIAN NATIONAL RAILWAY COMPANY and TORONTO TERMINALS RAILWAY COMPANY LTD., Moving parties
AND: city of toronto, Respondent
BEFORE: Favreau J.
COUNSEL: Chris G. Paliare, Richard P. Stephenson Dan Rosenbluth, Ira T. Kegan and Kristie M. Jennings, for the Moving Parties, CRAFT Acquisitions Corp. and P.I.T.S. Development Inc.
Cynthia B. Kuehl, Lindsay A. Woods and Michael Krygier-Baum, for the Moving Parties, Canadian National Railway Company and Toronto Terminals Railway Company Ltd.
Brendan O’Callaghan, Diana Dimmer and Nathaniel Muscat, for the Respondent, City of Toronto
HEARD at Toronto by videoconference: July 20, 2020
Endorsement
1The motions for leave to appeal are dismissed. I am not satisfied that the proposed appeals from the decision of the Local Planning Appeal Tribunal dated July 11, 2019 meet the three part test for granting leave.
2In accordance with Westhaver Boutique Residences Inc. v. Toronto, 2020 ONSC 3949 (Div. Ct.), at para. 2, this Court does not ordinarily give reasons on a motion for leave to appeal.
3At the conclusion of the hearing, the parties advised that they reached an agreement on costs. Accordingly, no order as to costs is made.
Favreau J.
Date: November 26, 2020