Court File and Parties

CITATION: Haudenosaunee Development Institute v. Metrolinx, 2023 ONSC 1204

DIVISIONAL COURT FILE NO.: 23-104-ML

DATE: 20230221

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: HAUDENOSAUNEE DEVELOPMENT INSTITUTE, Applicant/Moving Party

AND: METROLINX, Respondent/Responding Party

BEFORE: D.L. Corbett, Emery and O’Brien JJ.

COUNSEL: Tim Gilbert, Thomas Dumigan, Jack MacDonald and Jonathan Martin for the Applicant/Moving Party

Sarit Batner, Bryn Gray, Sam Rogers and Bonnie Greenaway for the Respondent

HEARD: In writing.

Endorsement

[1] The motion for leave to appeal the decision of Hackland J. dated February 10, 2023 (2023 ONSC 1170) is dismissed, with costs payable by HDI to Metrolinx in the agreed amount of $15,000. These costs shall be netted against the $15,000 in costs ordered against Metrolinx in favour of HDI on February 17, 2023 on the motion for interim relief in this court.

[2] The interim relief ordered by D.L. Corbett J. on February 17, 2023 shall not expire until 11:59 pm, February 21, 2023.

“D.L. Corbett J.”

“Emery J.”

“O’Brien J.”

Dated: February 21, 2023