The Board of
Railway Commissioners for Canada.

Order no. 48686

Saturday, the 28th of
May, A.D. 1932

In the matter of the Order of the Board No. 46083, dated January 8, 1931, authorizing the Canadian National Railways to construct a subway under their tracks where they cross St. Clair avenue, in the City of Toronto, and Province of Ontario, and to divert the main line of the railway to the west; directing the Bell Telephone Company of Canada, the Toronto Hydro-Electric System, the Consumers' Gas Company of Toronto, and the Hydro-Electric Power Commission of Ontario to move such of their facilities as may be affected by the construction of the said subway, when requested to do so by the Chief Engineer of the Canadian National Railways; and reserving the question of the cost for further consideration;

And in the matter of the application of the Canadian National Railways for an Order distributing the cost of the said subway.

32453.11

C. P. Fullerton
Chief Commissioner

S. J. McLean
Asst. Chief Commissioner

T. C. Norris
Commissioner

Upon hearing the matter at the sittings of the Board held in Toronto, April 27, 1932, in the presence of counsel for the said railway company, the City of Toronto, the Toronto Transportation Commission, the Hydro-Electric Power Commission of Ontario, the Consumers' Gas Company of Toronto, and the Bell Telephone Company of Canada, and what was alleged, the city consenting—

The Board orders:

  1. That the cost of constructing and maintaining the said subway under the tracks of the Canadian National Railways on St. Clair avenue, in the city of Toronto, and province of Ontario, be borne and paid as follows, namely: forty-five per cent by the Canadian National Railways, forty-five per cent by the city of Toronto, and ten per cent by the Toronto Transportation Commission.
  2. That the Bell Telephone Company of Canada, the Toronto Hydro-Electric System, and the Consumers' Gas Company of Toronto bear and pay the cost of moving such of their facilities as may be affected by the construction of the said subway, and of maintaining their wires, pipes, and other plant at the point in question.
  3. That the cost of the diversion of the power line of the Hydro-Electric Power Commission of Ontario shall form part of the general costs of the subway, and shall be paid by the parties in the proportions provided for in paragraph 1 of this order.
  4. That any payments made by the said the Consumers' Gas Company of Toronto be without prejudice to its rights, if any, over against the city of Toronto.
  5. That the city of Toronto maintain, at its own expense, its roads and sidewalks, and the Canadian National Railways their ballast, ties, rails, fastenings, and tracks.
  6. That the Toronto Transportation Commission maintain, at its own expense, its tracks and overhead construction.
  7. That interest, at the rate of five per cent per annum, be paid by the Toronto Transportation Commission and the city of Toronto to the Canadian National Railways on their share of the construction costs of the said subway from the dates of expenditure to the date of payment.

C. P. Fullerton
Chief Commissioner,
The Board of Railway Commissioners for Canada.