SOS – Save Our St.Clair Legal Case Fact Sheet The fight against the dedicated streetcar right-of-way on St.Clair Avenue West is now at its final, legal stage. We participated in the EA study; we presented deputations to City Council; we demonstrated the community’s opposition with over 10,000 petition signatures; we gained the support of community-based organizations and business improvement associations; we lobbied the City Councillors; and, finally we requested the Minister of the Environment to order a new environmental assessment, a Part II Order. We have acted in good faith throughout the whole two-year planning/ political process. But now we have no choice but to take a legal approach. Up to now we have been able to present our case only to City/TCC staff or their consultants, people who already support the ROW. As well, these decisions have been largely political. Now, for the first time, we will make our case and ask for a decision based on the law before independent judges and based on the advice of independent experts. Since the Minister of the Environment made her decision in favour of the City in June we have retained a lawyer and lined up three high quality consultants, - an expert planner, a traffic engineer, and an internationally respected retail consultant. On August 25 our case was adjourned to October 6, 2005. Since that time the City has responded to our documents and experts have been cross examined. Our case will be argued on October 6. The lawyers for the TTC indicated to the court that construction would begin on September 12, and that some roadway work would be undertaken, but no pouring of concrete and no elevation (for a ROW raised platform/median) will take place before October 6. SOS is satisfied that the TTC can go forward with initial work that is in the public interest. The tracks are in need of repair and some construction is required. We are asking the court to declare that the City is in breach of the Planning Act, and has failed to do a complete Environmental Assessment. Our legal case has three basic elements. First, the City failed to use the current Official Plan, using instead as their main justification a new plan, adopted by City Council in November 2002. However, the new Official Plan is not in effect because of appeals to the Ontario Municipal Board. And there are significant differences between these two plans; the main difference being the existing plan does not designate St.Clair an avenue for surface transit priority. Second, the City failed to properly address fundamental transportation issues, including that trucks will not be able to make U-turns at the signalized intersections thus leading, in part, to increased neighbourhood commercial traffic, and including no analysis of road capacities when there is generally only one travel lane available in each direction on St.Clair. The impact of business deliveries alone reveals the reduced capacity and resulting loss of traffic flow flexibility. Third, the City failed to properly address the numerous and significant retail business impacts. The independent expert retained by SOS concludes that the ROW will result in irreparable harm to the businesses, property owners and the surrounding residents. The reasons to support our case include: we have a very competent and capable team of experts and a network of legal advice supporting our case; that this is our first and last chance to seek an independent review of our case; that we have a reasonable chance of succeeding; and, that it makes absolute economic sense to fight the ROW. During construction, businesses can expect a 50% loss in revenues. After the ROW is constructed, it will be very hard for businesses to make up those losses. All the new start-ups and business improvements will be compromised by the ROW. For landlords, tenants will be asking for rent relief or will be leaving. These business losses will directly affect property values; they will decrease. - The residential community will be adversely affected. It could take as much as 20 years for this area to recover, but our neighbourhood will be gone. It does not make sense from an economic point of view not to invest some money in this fight. It is not a “done deal”. We have been told this for the last two years. But saying it does not make it so. In the words of Margaret Mead, "Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has." SOS is incorporated and is the applicant in this case protecting our personal liability. For more information, please consult our website: www.saveourstclair.ca Please support our fight. Please make your cheque out to SOS – Save Our St.Clair Inc., and drop off or mail to 107 Oakwood Avenue, Toronto, Ontario M6H 2W1.