Three judges of Ontario’s highest court extended an injunction preventing the removal of the remaining mature trees on the southwest grounds of Osgoode Hall where the daylong hearing took place Tuesday.
Court of Appeal Justice James MacPherson said the judges need more information before deciding if they have jurisdiction to consider an appeal filed by the Haudenosaunee Development Institute . Metrolinx lawyers argued the matter should instead be before divisional court judges in the Superior Court of Justice.
The appellate court judges said they want to read Superior Court Justice Charles Hackland’s reasons for dismissing HDI’s injunction last week. Hackland, who sits in Ottawa, hasn’t yet released his written decision. “The trees are coming down, the subway station is going in … this is just a question of timing of when the trees are coming down.”On Tuesday, Sam Rogers, another lawyer representing Metrolinx, asked the judges not to extend the existing injunction, saying HDI’s motivation is not treaty rights, or trees but compensation for cutting down the trees.
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