Justices take issue with Metrolinx plan

Concerns raised about safety at Osgoode stop

The current Metrolinx plan to build an Ontario Line station near the Court of Appeal in downtown Toronto “directly threatens” court operations and could affect the foundations of the historic Osgoode Hall building, say the province’s top judges.

“I have no confidence that the structural integrity of Osgoode Hall can be preserved, that the safety of the occupants of Osgoode Hall and those who attend at Osgoode Hall can be maintained, or that justice can be accessed and delivered from Osgoode Hall if this project proceeds as contemplated,” wrote Associate Chief Justice of Ontario Michal Fairburn on Dec. 5 in a letter sent to Attorney General Doug Downey and copied to Phil Verster, CEO of Metrolinx.

“Until that confidence is achieved, no step should be taken by Metrolinx on or around the premises of Osgoode Hall.”

The letter is the latest rebuke of the provincial transit agency overseeing the 15.6-kilometre subway line, which is set to run from Exhibition Place to the Science Centre, passing along Queen Street. Communities across the city have criticized Metrolinx for its apparent heavy-handed approach in implementing its Ontario Line plans, with many of those most affected by the massive transit project saying they were not adequately consulted.

“As we work to build the largest transit expansion in Canadian history, we will continue to work with our contractors and community partners, to develop robust, site-specific safety and protection plans for all work along the route, including at Osgoode Hall,” a Metrolinx spokesperson wrote in a statement Wednesday. “Our engineers would be happy to discuss any specific structural concerns the Chief Justice may have in regards to this construction.”

Last month, the Law Society of Ontario, which is based in Osgoode Hall, denounced Metrolinx’s plan to move ahead with chopping down five trees from the building’s historic grove at Queen and University, despite a promise by the transit agency to wait for an independent review.

Metrolinx ultimately postponed the tree removal, saying it found an “alternative method” to conduct an archeological assessment on the site. That work is set to begin Thursday.

The Haudenosaunee Development Institute, the First Nations group that opposed the chopping of the trees, said Wednesday it will be on site when that assessment begins. It also said it may build a cabin on the Osgoode Hall lawn to help the law society protect the trees and to uphold “rights and interests on the grounds of Osgoode Hall which sit on the treaty and traditional territory of the Haudenosaunee,” according to a press release.

The law society is advocating for an alternative that would lessen or avoid any impact on the building, surrounding grounds and heritage fence built in 1867.

“It is the oldest continuously used institutional property in Toronto,” law society spokesperson Wynna Brown said in a statement Wednesday. She added Metrolinx should honour its commitment to wait for the city’s review of the site selection “before prematurely embarking on a construction project that may have serious and lasting consequences on Osgoode Hall.”

In the letter, Fairburn said she only became aware that Metrolinx intended to chop down the trees via media reports and community notice.

Fairburn wrote that “the Metrolinx plan, as currently contemplated, directly threatens not only the ability of the Court of Appeal for Ontario and the Superior Court of Justice to deliver justice in Ontario, but to keep justice accessible in Ontario,” adding that the concerns are shared by Chief Justice Geoffrey Morawetz of the Superior Court of Justice.