SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: City of Toronto, Moving Party/Appellant

AND:

Canadian National Railway and toronto terminals Railway, Respondents

BEFORE: L. A. Pattillo J.

COUNSEL: Brendan O’Callaghan & Tim Carre, for the Moving Party/Appellant

Scott Snider, for the Respondents

HEARD at Toronto: January 14, 2021

ENDORSEMENT

1The motion for leave to appeal from the order of the Local Planning Appeal Tribunal dated October 16, 2020 is allowed with respect to the following question:

Did the Local Planning Appeal Tribunal (the “Tribunal”) err by requiring a condition in its grant of the Public Safety Maintenance Easement that physical encumbrances/encroachments shall be permitted within the easement lands which are authorized by any applicable approval authority, including the Tribunal as part of a future zoning, plan of subdivision/condominium, site plan and/or any other lands use planning approval?

2The costs of the motion are reserved to the panel hearing the appeal.

L. A. Pattillo J.

Date: January 18, 2021