Ontario’s top judges warn against Metrolinx Osgoode Hall plans


The current Metrolinx plan to build an Ontario Line station at Queen and University, near the Court of Appeal location at Osgoode Hall, “directly threatens” the court’s ability to function, Ontario’s top judges told the province and the public transit agency this week in a letter obtained by the Star.

“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.”

Metrolinx is overseeing the 15.6-kilometre subway line which is set to run from Exhibition Place to the Science Centre, passing along Queen Street. The subway is set to be complete by 2031.

“I wish to convey to you in the clearest of terms 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,” Fairburn wrote, adding that the concerns are shared by Chief Justice Geoffrey Morawetz of the Superior Court of Justice.

Fairburn said she only became aware that Metrolinx intended to chop down five trees from the historic grove in the Osgoode Hall grounds for an archeological assessment via media reports and community notice. Those plans have now been delayed while the assessment takes place through other means, the Star reported last month.

Fairburn said she acknowledges the importance of transit modernization but Metrolinx has so far failed to address serious concerns raised about the project.

In the letter, Fairburn said an expert report has been provided to Metrolinx that sets out steps to limit disruption to the court but that Metrolinx has not agreed to those “minimum remedial measures.”

The letter notes that Osgoode Hall has been the home of the Court of Appeal for Ontario and since 1850, and the court is the last stop for appeals before the Supreme Court of Canada. The building includes courtrooms and offices for judges, administrators and the Law Society of Ontario.

The Star has reached out to Attorney General Doug Downey and Metrolinx for comment.

Lex Harvey is a Toronto-based transportation reporter for the Star. Follow her on Twitter: @lexharvs

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