CITATION: Toronto v. CN Railway, 2021 ONSC 402
DIVISIONAL COURT FILE NO.: 507/20
DATE: 20210118
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
[1] The 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?
[2] The costs of the motion are reserved to the panel hearing the appeal.
L. A. Pattillo J.
Date: January 18, 2021