Metrolinx tree cutting on Osgoode Hall grounds paused again by courts

Work to cut down several mature trees on the grounds of Osgoode Hall is on hold again after a divisional court granted an injunction to an Indigenous organization.

Justic David Corbett said the injunction is in place until Feb. 21 when a panel of the court’s judges will hear an appeal from the Haudenosaunee Development Institute (HDI) of a Superior Court ruling last week that cleared the way for Metrolinx to continue cutting down a dozen trees as part of the construction of the Ontario Line.

Tim Gilbert, who is representing HDI in this matter, says Metrolinx has failed to engage with the Indigenous group who claim the trees have cultural significance.

“In publicly accessible lands, they still have their rights and Metrolinx in particular, in the record that we have, specifically agreed to engage with the Haudenosaunee on issues relating to the Ontario Line,” Gilbert tells CityNews.

A spokesperson for Ontario Transportation Minister Caroline Mulroney tells CityNews Metrolinx has been actively engaging with Osgoode Hall area residents, businesses, community groups and elected officials.

Metrolinx calls this yet another delay in their work to “build the transit system Ontarians need and deserve.”

Last week, a lawyer for transit agency argued that the dispute with HDI is about compensation and warned that any further delay in the preparation work would impact both financial and project deadlines.

Last Friday, Superior Court Justice Charles Hackland dismissed an attempt by the Law Society of Ontario and HDI to extend an interim injunction that prevented the provincial transit agency from cutting down the trees.

HDI filed an appeal of that decision but not before five trees have been taken down, another four are in the process of being removed while two trees remain untouched.

Metrolinx has previously stated that the decision to remove the trees was made after multiple other options were explored, adding a recent independent analysis commissioned by the City of Toronto supports their decision. The agency adds it is working to protect as many mature trees as possible and has plans for beautifying and restoring the space after construction with new vegetation and landscaping.