The appeal over an earlier overturned court decision on the city’s right to construct a private right-of-way on St. Clair Avenue has resumed this week. The Globe and Mail has two articles detailing the arguments that are being made. Currently, lawyers for the Save Our St. Clair group which opposes the right-of-way project, are making their case.

The crux of Save Our St. Clair’s argument is that, when Toronto City Council approved the project in November 2004, it went against the 1994 Official Plan, which did not specifically mention such a project for St. Clair Avenue, despite the fact that the 2002 Official Plan, which did mention the project, had been previously approved by City Council and was only being held up at the Ontario Municipal Board pending appeals (none of which came). The fact that the Ontario Municipal Board has recently approved Toronto’s revised official plan is no reason to grant the City of Toronto its decision, SOS argues.

The court is reserving judgement.