Reprieve from construction noise may be short-lived.
Junction residents along the rail corridor have been enjoyed a bit of peace and quiet from construction noise of late but more work is being considered for GO Transit's West Toronto Diamond Grade Separation Project meaning the tranquility could be short-lived.
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Residents along the rail corridor in the Junction have been enjoying their first bit of peace and quiet since the Canadian Transportation Agency (CTA) ruled in their favour early last month, but if GO Transit gets its way, the tranquility will be short-lived.
For the past year, they have had to endure the pounding of the diesel pile-drivers that GO Transit has been using as part of the construction of its West Toronto Diamond Grade Separation Project, which once finished will divide the Canadian Pacific Railway's (CPR) North Toronto freight line from GO Transit's Georgetown line. The north-south tracks to and from Georgetown will be lowered to run under CPR's North Toronto line.
"Prolonged exposure of the local citizens to the noise and vibration generated by the pile-driving activities at the project site is unreasonable given the nature of the area in which the construction is taking place and the failure by GO Transit to implement sufficient mitigative measures," ruled the CTA Dec. 9.
The neighbourhood would like GO Transit to abide by the CTA's decision and use responsible construction methods.
"We're enjoying the normal community life we're entitled to for the first time since the diesel-explosion pile drivers started work just about a year ago," West Toronto Diamond Community Group (WTDCG) spokesperson Glenn Stalker, who filed a complaint with the CTA on behalf of the community, said in a statement. "The CTA found in our favour because people have to come before projects. But GO Transit simply refuses to accept the ruling and to use the available technology that would allow them to get the job done without unreasonable noise and vibration. We think they'll take this to the Supreme Court if they have to, just to avoid doing what we think is the right thing by the people."
GO Transit filed a motion with the Federal Court of Appeal, Jan. 6, seeking a stay from the CTA's December decision, according to Mary E. Martin, GO Transit's general counsel and corporate secretary.
"If successful on the stay application, GO Transit will not be required to implement certain aspects of the CTA decision before the court has assessed the merits of its appeal," said Martin. "GO Transit has requested an expedited hearing from the court."
Parkdale-High Park MP Gerard Kennedy is calling the situation a David and Goliath fight.
"GO has made no effort to sit down with the neighbourhood to work this out," he said Wednesday. "I think that it's offensive to not only this neighbourhood, but all neighbourhoods."
Stalker agrees.
"If the CTA ruling is set aside, it could mean that all communities - and the people in them - are vulnerable to anything railway companies want to do, from excessive noise and vibration to pollution," said Stalker.
Added Kennedy, "They didn't like the heart of the decision that railway companies have to take the communities into account," he said of GO. "To me, that's a crime."
GO Transit sympathizes with Junction residents "who are being inconvenienced by the West Toronto Diamond Piling Project," said Martin.
In an effort to alleviate the impact on the community, Martin said GO would continue to use quieter piling methods, such as the Giken press-in machine from Japan and the vibratory hammer from France.
"The Federal Court application is the legal avenue available for GO when the CTA issues a decision which, in GO's view, incorrectly interprets the law including the requirements for a fair hearing," said Martin. "GO Transit has and will continue to abide by the CTA's decision unless and until the court provides a stay or other relief from the decision. These court processes will take into account both the community's and GO Transit's position."
David Baker, a widely-known social justice lawyer, has volunteered to represent the West Toronto Diamond Community Group pro bono.
Carol Ursa, a Hook Avenue resident and member of the WTDCG, called the last month "beautiful."
"All of a sudden it's gone quiet," she said.
Over the past year, she said she's been trying to "hang in there" although the pile-driving has significantly impacted her life.
"I've gone insane," said Ursa. "I suffer from nervousness. It's taken its toll on our fledgeling business. I've had foundation problems. There's a huge crack in the front of my house."