Court stands by CTA decision

Parkdale-High Park MPP Cheri DiNovo called the federal court's Feb. 3 decision "a clear victory" for the West Toronto Diamond Community Group, which filed a complaint last June citing the noise and vibration of diesel explosion pile-driving was unreasonable. Residents along the Junction rail corridor had been enjoying their first bit of peace and quiet since the Canadian Transportation Agency (CTA) ruled in their favour in early December.

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.

"We're very happy with the decision," said Glenn Stalker, West Toronto Diamond Community Group spokesperson, in an interview Thursday. "We're all very pleased. We've been very lucky we've had great representation with our local politicians Cheri DiNovo and Gerard Kennedy. We've had great legal representation with David Baker of Bakerlaw, who's worked with us on a pro-bono basis."

Stalker called the community's battle against GO a "huge burden."

"It shouldn't be up to the community to fight these kinds of things. GO has not fulfilled its responsibility under the CTA. The idea that we have to continue fighting is just absurd," he said. "A public agency, who is spending taxpayer dollars to hire the most expensive legal representation to fight a community seems strange. It's bizarre. It's unsettling."

GO argued that without a stay it would suffer "irreparable harm."

"They were unable to demonstrate that," said Stalker. "David Baker maintained there was no reason GO couldn't use quieter pile-driving methods."

DiNovo offered her heartfelt congratulations to local residents.

"The federal court has stated clearly that Metrolinx must listen to the legitimate demands of citizens. Metrolinx has lost their game of using tax dollars to go after taxpayers," she said.

DiNovo said she is now calling on GO/Metrolinx and Kathleen Wynne, the new Minister of Transportation, to stop the noise up the line and to settle damage claims without wasting more tax dollars.

Kennedy, along with 11 other MPs, have called upon the federal and provincial governments to act immediately to uphold the authority of the CTA to protect the well-being of those who live along the railway lines in the Greater Toronto Area.

"In this day and age, you can't have railways acting as if they're above the law," said Kennedy.

Metrolinx, according to Kennedy, planned to take the CTA decision to federal court Thursday to seek a continued stay of the CTA ruling pending a hearing of a full appeal. The effect of a stay, if granted, would be to tie the matter up in legal proceedings until after the construction is finished a year from now, said Kennedy.

"GO awaits the Federal Court of Appeal's decision on whether we will be granted leave to appeal the CTA order issued on December 7, 2009. In the interim, GO Transit will comply with the original CTA decision, which was issued on December 7, 2009," said Martin, in a statement. "Pending the Federal Court of Appeal's decision, GO is considering its options and assessing our next steps. In the meantime, we will continue to work with the community to continue reducing the piling noise."

The dozen MPs want the provincial government to direct Metrolinx to withdraw its case in favour of working with the community and the CTA while it's asking the federal government to assert its support for the CTA's authority.

"No effort has been made to work with the community as a whole," said Kennedy of Metrolinx.

Martin said GO sympathizes with residents who are being "inconvenienced."

"Many members of the community have expressed a desire for the piling to be completed as soon as possible. The piling contract is approximately 80 per cent complete," said Martin. "With the current CTA decision, GO Transit expects that it will extend the original time frame to complete the pile driving work by about one year to winter 2010. In addition to the specific requirements in the CTA decision, GO will continue to use noise mitigation measures introduced prior to the CTA decision, including the Giken press-in machine from Japan (September 2009) and the vibratory hammer from France (May 2009) to install piles."

As this is a legal matter, GO Transit will not be making any further comment, said Martin.