1911 Annual report of the Ontario Railway and Municipal Board (Toronto) Page 17

Procedure File No. 746

Ontario Railway and Municipal Board

Between:

Herbert Waddington, of the Town of North Toronto, in the County of York, and Herbert N. Winter, of the City of Toronto, in the County of York, Druggist.

Applicants,

and

The Toronto and York Radial Railway Company (Metropolitan Division), and the Corporations of the City of Toronto, the Town of North Toronto, and the Township of York, made parties by the order of this Board, dated the 19th day of September, 1910,

Respondents.

Opinion of the Board.

This is an application complaining that the Toronto and York Radial Railway are operating their railway in an inefficient and unsatisfactory manner to the detriment of the public and the Applicants, in that their cars are overcrowded and insufficient to accommodate the passenger traffic that the service is inefficient by reason of the delays incurred in the passing of the cars on switches, and the moving of freight on the road ; and that by reason of the unsatisfactory operation of the road, cars are left for a considerable period standing in front of the premises of the applicant, Herbert N. Winter, and access to his premises is thus interfered with to his serious loss and damage.

The applicants ask that an order may be made by the Board that the Company furnish a sufficient number of cars and provide a sufficient number of switches, and change their tracks and operations so as to give an adequate service for the transportation of passengers on their railway.

The Company was originally incorporated under the name of "The Metropolitan Street Railway Company of Toronto", by Statutes of Ontario, 1887, 40 Victoria, Cap. 84. The Company was authorized to construct and operate a double or single track railway with the necessary side tracks and turn-outs. The Company was also authorized to carry freight. Authority was given to the Company to enter into agreements with the city of Toronto and adjoining municipalities, or any of them, relating to the construction of the railway, the pattern of the rails, time and speed of running cars, and generally for the safety and convenience of passengers, the conduct of the agents or servants of the Company, and the non-impeding or obstruction of ordinary traffic.

By statutes of Ontario, 1893, 56 Victoria, Cap. 94, the name of title Company was changed from "The Metropolitan Street Railway Company of Toronto" to "The Metropolitan Street Railway Company", and agreements set out in Schedule "A" to the Act, with the County of York, bearing date the 25th June, 1884, the 20th January, 1886, the 28th June, 1889, the 17th December, 1889, the 20th October, 1890, and the 2nd March, 1891, were validated and declared to be within the powers of the parties, and to be binding upon the Corporation of the County of York and the Metropolitan Street Railway Company.

The first agreement, 25th June, 1884, provided for the construction of the railway, with switches and turnouts not to exceed four, upon and along Yonge Street lying between the then northerly limit of the City of Toronto and the Town Hall of the Township of York at Eglinton. The track and rails were to be laid on the west side only of the street, between the macadam or gravel part of the highway and the ditch.

The second agreement, 20th January, 1886, provided for the extension of the railway tracks to a point about three-quarters of a mile further north on Yonge Street to a point 300 yards north of the Methodist Church on the east side of Yonge Street. This extension was to be located and constructed on the west side of the street between the macadam or gravel and the ditch. The Company had the right to construct two switches in connection with this extension.

The third agreement, 28th June, 1889, gave the right to the Company to operate their railway by cable or electricity in addition to horse power they then had the right to operate with. It also gave them the right to extend the existing switches or turn-outs as might be found necessary from time to time for the efficient working of the railway, provided, however, that in case the Council of the Corporation of the County of York, or the County Commissioners should prefer having a double track along the whole length of the railway instead of increasing the number of switches or turn-outs already authorized, the Company were to lay down a double track.

The fourth agreement, 17th December, 1889, gave the Company power to build additional switches. The fifth agreement, 20th October, 1890, gave the Company the right to further extend their railway to York Mills hill on Yonge Street, with power to construct two turn-outs or switches on this extension.

The sixth agreement, 2nd March, 1891, gave the Company the right to change the railway to standard gauge and to change the rail to a standard centre-bearing T rail.

On the 22nd of November, 1889, the Corporation of the County of York passed By-law No. 592, Schedule "B" to the Act, empowering the Company to extend their railway on Yonge Street to Richmond Hill. None of these agreements conferred upon the Company any greater right than to maintain a single track railway on the west side of Yonge Street between the macadam or gravel and the ditch.

By Statutes of Ontario, 1897, 60 Victoria, Cap. 92, the name of the Company was changed to "The Metropolitan Railway Company", with power to extend their line of railway to Lake Simcoe. This Act expressly provided that the powers, rights, and liabilities of the Company should not be affected by the change of name, and all contracts and agreements made, and rights, and franchises acquired by the Company, under its prior corporate names, should remain valid and binding.

Section 4 provided that the railway might be carried along and operated upon such streets and highways as have been or may be authorized by the respective corporations having jurisdiction over the same, and subject to the restrictions and provisions in the Act contained, and under and subject to any agreements between the Company and the councils of any of the said corporations.

Section 6 provided that in the event of the City of Toronto extending its limits so as to include any portion of the said railway such extension of limits should not affect the rights of the Company at the date of such extension.

Section 15 validated the agreements between the Corporation of the County of York and the Company, bearing date respectively, the 6th day of April, 1894, and the 7th day of February, 1896, which are set forth in Schedules "A" and "" to the Act.

By Section 32 of the agreement, Schedule "A", it is provided that the privileges and franchises granted by the agreements referred to in the recitals to this agreement, and this agreement, are the exclusive rights to operate a street railway on that portion of Yonge Street between the southerly terminus of the Company's railway and the present northern terminus at York Mills hill, and on Yonge Street between the present northern terminus and Lake Simcoe, for a period of thirty-five years from the 3rd of February, 1894, as far as the County had power to grant the same, with a right of renewal at the expiration of such term and of each successive future term for such period and upon such terms and conditions as may be mutually agreed upon between the County and the Company, or to be determined by arbitration under the provisions of The Municipal Act.

Section 24 provided that when the street between the limits of the City of Toronto and Mount Pleasant Cemetery was to be paved in a permanent manner on concrete or other foundation, then the Company on being required by the County so to do, should remove the rails and tracks to, and lay a double track along the centre of the street between such limits, according to the best modern practice. By this section the Company are not required to do the excavating necessary for the laying of such double tracks or prepare foundations, but the County are. The Company are only bound to bear the expense of removing the tracks and rails and laying the same on the foundation so to be prepared. Neither are the Company bound to keep in repair such permanent roadbed occupied by its track allowances. This is the only reference to double tracking in any of the agreements.

Subsection 3 of section 7 of the agreement gave the Company authority to put in and maintain such switches and turn-outs as may be from time to time found necessary for the operating of the Company's line of railway on Yonge Street, or leading to any of the cross streets leading into or from Yonge Street, or for the purpose of leading to any track allowances or rights of way on lands adjacent to Yonge Street where the Company's line deflects from Yonge Street, or to the Company's power houses and car sheds, and the Company from time to time can alter the location of such switches and turn-outs.

Section 8 of the agreement provides that the Company may, with the. Consent of the Committee, change the location of its lines of track to any portion of Yonge Street, other than those now or hereafter to be occupied by the Company's lines of tracks.

Section 26 gave the Company the right to use its railway for the conveyance of such freight, goods, wares or merchandise as shall from time to time be named by the Committee, but that the Company shall not be compelled to carry more than four tone of freight per car, &c.

By the Ontario Statutes of 1900, 63 Victoria, Cap. 31, Sec. 2, the agreements with the County of York enure for the benefit of the municipalities now controlling or owning Yonge Street, viz., the Corporations of the City of Toronto, North Toronto, and the Township of York. The Board made these Corporations parties by order dated the 19th day of September, 1910.

The Board's Engineer on the 11th day of December, 1908, reported to the Board that the only permanent remedy for the complaints then made against the traffic conditions on Yonge Street was to double track through North Toronto and to substitute large double truck cars for the cars then in use. The Board on the 15th day of February, 1909, not having that power, made no order for double tracking but did order, amongst other things, the Company to remove the Glen Grove cars then in use and substitute four large double-truck cars by the first day of May, 1909. That order was complied with so far as the cars were concerned, but an appeal to the Court of Appeal is still pending in reference to the macadamizing between the rails and 18 inches on the outside. The Board are still of opinion that the Company's railway should be double tracked, up Yonge Street through North Toronto, and conditions having changed the double tracking should be carried to the Golf Links. If the Board has the power, we will order double tracks to be laid on Yonge Street from the Company's terminal in the City of Toronto to the Golf Links, upon such terms and conditions as the Board deems reasonable and just and fair to all parties. In addition to that we will order the Company to furnish a sufficient number of cars to give the public a five minute service from their Toronto terminus to the Golf Links during the season, from the 15th of April to the 1st of November, both inclusive, and a ten-minute service during the rest of the year. The Board, however, are of opinion that they have not the power or authority to make an order for double tracking.

Counsel for the Applicants wants double tracks, and contended that Sections 9 and 10 of Statutes of Ontario, 1910, 10 Edward VII., Cap. 83, give the Board power and authority to order the double tracking of this railway.

Counsel for the City of Toronto, the Town of North Toronto and the Township of York, strongly object to double tracking, and contend that 10 Edward VII., Cap 83, sec. 10, does not empower the Board to make such an order. They say that it is only in the case of the Company having a franchise or right from the municipality to construct double tracks that the board could order a double track. If the Company has only a franchise for a single track theā€¢ Board cannot order the Company to double track. To do so would be to give the Company a different right or franchise than that which has been granted to them by the municipality. They say the onus is upon the Applicants when they ask for double tracks to show that the Company has the right from the municipality to build them on the street, and it is only when they show that the company has such a right that the Applicants can successfully ask the Board to make an order.

Counsel for North Toronto alleges that if double tracking was ordered, the excavations and construction of proper foundations would be oppressive to that municipality, in fact, having in view the improvements which the Town has in contemplation and is being called upon to make at once, would cause them financial embarrassment. While this is not an answer in law to the application, it is a circumstance that the Board will weigh carefully and well in determining what is reasonable and fair to all parties, if we have as a matter of law the right to make an order to double track. The Board are of opinion that Sections 9 and 10 of 10 Edward VII give them no such right, keeping in mind the franchise agreements between the Company and the County of York.

If the Board are right in this opinion, then we order the Company to extend their Glen Grove service to the Golf Links and construct a sufficient number of switches and turn-outs, and put a sufficient number of suitable care in commission, as will enable them to give the public a ten-minute service from Toronto to the Links from the 15th of April to the 1st of November, and a fifteen-minute service during the rest of the year. The Board also think that the Company should regulate their traffic so that up to twelve o'clock noon the south-bound cars should have the right of way and the north-bound cars would have to take the switches, and that after twelve o'clock noon the north-bound cars should have the right of way and the south-bound cars should take the switches or turn-outs.

The Board are also of the opinion that the Company should apply their system of car-despatching which they have adopted on the Newmarket line to their line between Toronto and the Golf Links.

The Board reserves further consideration and direction and makes no order for costs except that the Company shall pay $20.00 for stamps on the final order. Dated at Toronto this Eighth day of March, 1911.

(Seal.)

(Sgd.) James Leitch,
Chairman.

(Sgd.) A. B. Ingram, Vice-Chairman.

(Sgd.) H. N. Kittson, Commissioner.

Order.

Upon the application of the above named Applicants, dated the 8th day of September, 1910, for an Order that the Toronto & York Radial Railway Company (Metropolitan Division) do furnish a sufficient number of cars, and provide a sufficient number of switches and change their tracks and operations for the transportation of passengers, and said application having been adjourned from time to time by the Respondents other than the Railway Company, and having come up for final hearing on the 15th day of February, 1911;

Upon hearing the evidence adduced on behalf of the parties, and Upon hearing Counsel for the Applicants and the Respondents, respectively, the Board was pleased to direct that the matter should stand over for judgment and the same now coming on for Judgment;

It is ordered that the Toronto and York Radial Railway Company do extend its Glen Grove service to the Rosedale Golf Links, being stop No. 26, and do construct, put in and maintain such switches and turn-outs as will enable the Company to give the service hereinafter provided for, but none of such switches to be put in on Yonge Street south of the City limit as it existed on the 22nd January, A.D., 1888, and that the said Company do put into commission a sufficient number of suitable cars to enable the Company to give the following services between the Company's terminus in the City of Toronto and Glen Grove and between the Company's terminus in the City of Toronto and the Golf Links, namely, the same service as at present from the said terminus to Glen Grove and not less than a ten minute service each way between the southern terminus of the Toronto & York Radial Railway at North Toronto and the Golf Links between the fifteenth day of April and the first day of November in each year, and during the other portions of the year a fifteen-minute service each way between the said last mentioned points, and that the said Company do give and provide such service;

And it is further ordered that the location, length and construction of such switches or turn-outs requisite to give such service shall be approved by the Board and that the Company do forthwith submit plans showing the location and length of such switches and do build such switches in accordance with the said plans when approved by the Board;

And this Board doth further order and direct that the necessary works to provide the said service shall be made by the Company with all possible dispatch and same shall be completed not later than the first day of August, 1911, or within such further time as the Board may allow;

And this Board doth further order that the same system of car dispatching as has been adopted and is in use by the said Railway on the line to Newmarket or such other suitable system of car despatching as the Board may determine upon, be adopted, applied to and put in use in connection with the service between the terminus of the Railway in North Toronto and the Golf Links;

And this Board doth further order and direct that in the running of cars on each day up to twelve o'clock noon, the south-bound cars shall have the right of way and the north-bound cars shall take the switch, and from and after twelve o'clock noon and up to midnight on each day the north-bound cars shall have the right of way and the north-bound cars shall take the switch;

And the Board reserves further consideration of this matter and further orders and directions in connection therewith;

This Board doth further order that the Company do pay twenty dollars stamps upon this order, and the fees, if any, required to be paid for Engineer's services, if same shall be required by the Board, but save as in this paragraph otherwise provided makes no order as to costs herein.

(Signed) James Leitch,
Chairman of the Ontario Railway and Municipal Board.

(Seal.)

Report.

Gentlemen:

The attached tabulated sheet shows the conditions at present on the Metropolitan and York Radial Railway, with data relative to their proposed passing switches.

The local cars are 48 ft. over all, including fenders; the through cars are 61 and 65 ft. over pilots. I am,

Yours very respectfully,
(Signed) J. F. H. Wyse.

Toronto and York Radial Railway.

Metropolitan Division.

See Plan of Proposed Switches Between Toronto and Golf Links.

Total Single Track to be Supplied with Switches—20,375 ft.

Present Sidings, total length—2,241.5 ft.

Proposed Sidings, total length—8,006 ft.

City of Toronto.

Toronto to North Limits—3,905 ft. single track.

In this district at present there is one siding, 123 ft. tangent, at Deer Park.

Proposed New Siding at car barn, 306 ft. tangent.

Proposed lengthening of Deer Park Siding, 228 ft of tangent, giving 351 ft.

Total increase of siding, City of Toronto—534 ft. tangent.

Township of York.

1,575 ft. in this section, present single track remains unchanged.

North Toronto.

In this district at the present time there are four sidings with tangent totalling 648.5 ft.

Proposed lengthening of four switches giving additional tangent totalling 4,266 ft.

Proposed new siding at Bedford Park giving additional tangent of 1,025 ft.

Total increase of tangent sidings in North Toronto—4,642.5 ft.

Present Siding. Proposed Siding.
Total length.
Ft.
Tangent.
Ft.
Total length.
Ft.
Tangent.
Ft.
Car barn 600 306
Deer Park 417 123 645 351
Davisville 454 160 1,667 1,373
Eglinton 449.5 155.5 1,582 1,288
Glen Grove 444 150 1,116 822
Bedford Park 1,319 1,025
York Mills 477 183 1,077 783
Totals 2,241.5 771.5 8,006 5,948

NOTE.—"Present Siding Tangent" equals total length of siding less 294 feet which is the distance from points of switches to beginning of straight track within siding.

Toronto, Ont., September 30, 1911.

After hearing the above application your Board made an order (dated March 18th, 1911), in which the Railway Company was ordered to install and put in operation a certain improved service mentioned, and now on file with the Board. The Toronto and York Radial Railway Company filed a Plan dated (May 29th, 1911), showing the location and length of switches, including lengthening of the present switches, and installing additional switches, at the Car Barn, and Bedford Park P.O., necessary to enable them to give the improved service and comply with the Board's Order. These switches are shown on the Plan in detail as follows:

1—Car Barn from Station 20+50 to Station 26+50.

2—Lengthening Deer Park from Station 32+00 to Station 38+45.

3—Lengthening Davisville from Station 60+51 to Station 77+18.

4—Lengthening Eglinton from Station 99+68 to Station 115+50.

5—Lengthening Glen Grove from Station 131+41 to Station 142+57.

6—Installing New Switch at Bedford Dark from Station 162+61 to Station 175+80. (and)

7—Lengthening York Mills Switch from Station 191+21 to Station 201+98.

To enable the Railway Company to give service as ordered by the Board, I recommend your approval of this plan—that the switches be of the Tongue Type, and that the Centres between the main line, and passing switches, be not less than thirteen feet (13 ft.), as the Railway Company are operating a number of large cars.

I further recommend that where the distance from point of switch to point of tangent, as shown on the plan, comes opposite to a street intersection, it be changed to one side or the other, if the Town desires it.

Respectfully submitting the above, I am,
Yours very truly,
(Signed) J. F. H. Wyse.

Opinion of the Board as to adjournment.

At a sitting held on the 21st inst., in view of the Board of Control having approved of the proposed annexation of North Toronto to the City, this Board concluded to adjourn this application until the 11th of September next, at 2.30 p.m. We directed the Secretary to notify the parties that this matter would be adjourned and that it would be unnecessary for them to bring their witnesses.

The reason the Board has ordered this adjournment is to meet the strongly expressed wish of Counsel for the City and North Toronto that an opportunity should be afforded these Corporations to consummate annexation if at all possible. It was strongly pressed upon the Board that the larger question of annexation was of supreme importance, and that no order should be made in this matter of switches while that was in abeyance, and while it was almost certain that double tracking of the road would follow close upon annexation.

For the last two or three years questions of annexation and traction difficulties have rendered it necessary for the Board, by repeated visits and careful personal investigation, to familiarize ourselves with local conditions, not only in the City and the added territory, but also in North Toronto, and along the whole line of the Toronto and York Radial Railway system north to Lake Simcoe.

From our knowledge of the surroundings and of the growing necessities of this great City, we are of opinion that not to take advantage of the opportunity of annexation now presented would be a misfortune. We have, therefore, determined as a Board to do everything we can in reason to facilitate the carrying out of what we consider is an enlightened and progressive policy, i.e., the annexation of North Toronto to the City and the double tracking of the Metropolitan Division of the Toronto and York Radial Railway.

We do not want to unduly delay Messrs. Waddington and Winter in their application for a better service, nor do we want to hinder or embarrass the Toronto and York Radial Railway by denying them the switches their franchise agreement entitle them to, and which the improved service we ordered render necessary. It appears to us that double tracking can only be procured through annexation, and that such an improvement would be such an advantage and convenience to the public that it is worth waiting until the 11th of September to see if it can be carried out. If the City and North Toronto unfortunately fail to agree on annexation, or if they do agree and double tracking is not provided for without delay, the Board will approve of the requisite switches. It is only fair to the Company in the meantime that we should suspend our Order of the 8th day of March last.

Further application and direction and costs are reserved.

Dated at Toronto this 23rd day of June, 1911.

(Signed) James Leitch,
Chairman.

(Signed) A. B. Ingram,
Vice-Chairman.

(Signed) H. N. Kittson,
Commissioner.

Railways: T. & Y.Rad.Ry.

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