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St. Clair ROW gets the go-ahead


It looks like the TTC now has the legal authority to move forward with construction of the St. Clair right-of-way (Star article here). In today’s decision, The Divisional Court’s mentions that the Ontario Municipal Board (OMB) on Jan 26, 2006 ruled that while the new Official Plan wasn’t “official” in the formal sense, it was still valid in terms of urban planning theory. The court then goes on to criticize the Save Our St. Clair group (SOS), saying that they have no leg to stand on regarding challenging the Ministry of the Environment’s decision about the environmental assessment:

“SOS in this application is now inviting the Court to indirectly call into question the expertise and experience of the Minister . The Minister’s order of June 3, 2005 approving the Project is not the subject of this application . We decline the invitation to review the issues raised by SOS in respect of the Class EA process and in respect to the environmental issues, as they are a collateral attack on the Minister’s decision…

“The Courts will not review decisions of Ministers of the Crown unless it were demonstrated that they were made in bad faith or that the Minister clearly failed to comply with the statutory conditions.”

SOS has 15 days to appeal this decision.

Thanks to Joe Travers of Biking Toronto for the tip.

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