May 15, 1925, Vol. 15, No. 4 Judgments, orders, regulations and rulings (Ottawa) Page 74

Re Northwest Grade Separation, Bloor Street Subway, Toronto.

Application of the City of Toronto for reconsideration of the plans approved as provided for in Order No. 35153, dated 5th June, 1924, in so far as they relate to the Milnes Coal Yard and Mickle-Dyment Company on Perth Avenue.

32453.

Judgment

Hon. H. A. McKeown, K.C., Chief Commissioner:

In this application the city of Toronto has asked for reconsideration of a certain plan approved by the Engineer of the Board and prepared in pursuance of Order No. 35153, dated June 5, 1924, in so far as such plan relates to the entrance to the Mickle-Dyment Lumber Company on Perth avenue.

In order to effect what is known as the Northwest Grade Separation, Bloor Street subway in Toronto, the entrances of several business establishments in the locality were affected, and it became necessary to readjust the same. That leading to the Loblaw place of business, near the western end of the subway, on the Newmarket subdivision of the Canadian National Railway, has been dealt with by Order No. 36272, dated April 9, 1925.

There remains for consideration the entrance shown on the plan above referred to provided for the Mickle-Dyment Company, a business establishment situated upon the northeast corner of Bloor street and Perth avenue, to which access was formerly had from the north side of Bloor street, but since the separation of grade occasioned by the construction of the subway an entrance to the business premises of the last-mentioned firm is given from the western side of Perth avenue at a distance of 43 feet from the north side of Bloor street.

Apart from the inconvenience, if any, occasioned to the Mickle-Dyment Company by alteration of its means of exit and entrance, and the consequent disarrangement of its business, there can be no objection to the layout shown on the plan submitted. In the testimony given by Mr. Harris, Commissioner of Works for the city of Toronto, he indicates that the city's objection is confined to entrance being given to subways on an inclined grade. In the present instance the entrance to the Mickle-Dyment works is being removed from the inclined grade of the subway proper and taken a distance of over 40 feet along Perth avenue, and a suitable ramp is given from Perth avenue. The construction of the subway necessitated an alteration in the level of Perth avenue, and at the point at which access is given to the Mickle-Dyment works the ramp has a 5 per cent grade and a length of about 50 feet.

Having had an opportunity of viewing the situation, and having regard to the easy access afforded to the street and to the very reasonable and ordinary alteration of the grade, I do not think the objection should prevail. In my view, no dangerous element is added to the movement of traffic at that point, and I think the motion to reconsider the plan in this regard should be dismissed.

The entrance to the premises of the Milnes Coal Company was also discussed during the argument. The place of business of the latter firm is on the southwest corner of Bloor street and Perth avenue, and its entrance has always been on the western side of Perth avenue at a point about 37 feet south of the south line of Bloor stret. It is not proposed to alter the location of the entrance to this place of business, but changes involved in the construction of the subway have made it necessary to lower the grade of Perth avenue, and, consequently, the entrance to the Milnes coal yard must be lowered accordingly.

Concerning this entrance, Mr. Harris confined his objection to the statement that he thought another entrance should be found so that those using the company's yard should come out on the level portion of the roadway. The effect of this would be to move the entrance further from the corner of Bloor street and Perth avenue thus taking it further from the entrance to the subway. In this instance also the ramp has a grade of 5 per cent and a length of 16 feet as it leads into the premises of the Milnes Coal Company.

Having looked over the situation I consider, as in the entrance to the Mickle-Dyment Company, that it is a very reasonable change of level and adds nothing of danger to the movement of traffic. To move it further from Bloor street would occasion expense which, I think, is unnecessary, not only in the reconstruction of the road entrance, but in removing stationary scales or some distance.

I think the layout in both of these particulars should be approved, and would dismiss the present application.

Ottawa, April 28, 1925.

Assistant Chief Commissioner McLean concurred.

Railways: C.N.Rys.

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