On Thursday, January 28th, social rights lawyer, David Baker, of Bakerlaw, represented the West Toronto Diamond Community Group in the Federal Court of Appeal. He was beyond eloquent, he was gracious. He was a force of natural justice.
The opposing argument by the lawyer, representing GO/Metrolinx, maintained that they will have irrecoverable costs, irreparable damage, and that the balance of convenience lies in their favour. 'Public good' was trotted out repeatedly, although GO/Metrolinx's definition of public good is counter to all socially responsible, environmentally sustainable transit planning initiatives.
When GO/Metrolinx boldly proclaimed that they will have irreparable damages, there were exasperated, barely audible chuckles from those who have incurred headaches and respiratory ailments, damage to the structural integrity of their houses, and lost business from the pounding of the West Toronto Diamond diesel hammer piledrivers over the past year. Excuse me- I can't hear you because of my hearing loss - who has had irreparable damage?
Stay tuned for the Federal Court of Appeal ruling next Wednesday at 6 pm, after three judges sit in Montreal to decide whether the previous CTA ruling has legs. This ruling is very important as the verdict will have far reaching implications for the cessation of noise in the West Toronto Diamond, the quality of construction methods used for the Davenport Diamond at Dupont and Lansdowne, and the future design of the overpass, or trench, on Wallace Avenue, east of Campbell.
May Natural Justice win out. What a guy.
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