The Board of
Railway Commissioners for Canada.

Order no. 45709

Thursday, the 6th of
November, A.D. 1930

In the matter of the application of the Corporation of the City of Toronto, hereinafter called the Applicant, for an Order directing the Canadian Pacific Railway Company to proceed with the construction of a subway at Lansdowne avenue, on its North Toronto Subdivision, in accordance with the plan approved under the Order of the Board No. 35037, dated May 9, 1924, and to fix the time for the commencement and completion of the said subway; and for an Order directing that 40 per cent of the cost of constructing the said subway be paid out of The Railway Grade Crossing Fund, and that the remainder of the cost of constructing the same be borne in the same way as was the cost of the subways constructed at Bloor Street and Royce Avenue.

32453.8

S. J. McLean
Asst. Chief Commissioner

C. Lawrence
Commissioner

G. A. Stone
Commissioner

Upon hearing the application at the sittings of the Board held in Ottawa, November 3, 1930, in the presence of counsel for the applicant, the Canadian Pacific Railway Company, the Toronto Transportation Commission, and the Canadian General Electric Company, Limited, and what was alleged; and upon its appearing that, in addition to the level crossing of the Canadian Pacific Railway across the said street, there is also a level crossing of the track owned and operated by the Canadian General Electric Company, Limited, across the said street, immediately to the north of the said first mentioned crossing; and the Board deeming it expedient for the protection, safety, and convenience of the public that the work hereinafter referred to should be carried out forthwith,—

The Board orders as follows:

  1. That, for the protection, safety, and convenience of the public the Canadian Pacific Railway Company do proceed with the work of grade separation by means of a subway carrying the highway under its railway and the railway of the Canadian General Electric Company, Limited, at Lansdowne avenue, Toronto, in accordance with the general plan B approved under Order No. 35037, dated the 9th day of May, 1924, with such modifications as may be found necessary owing to the fact that the remainder of the work indicated on the said plan is not to be carried out at the present time, and the further fact that it is proposed to remove one of the tracks of the Canadian General Electric Company, Limited, crossing Lansdowne avenue, final plans of the said work including all details, to be approved by an engineer of the Board; and do complete the said work on or before the 31st day of December, 1931.
  2. That the said plan B, approved under Order No. 35037, shall be adhered to in the carrying out of the remainder of the work indicated thereon as and when the same may be undertaken, and any further changes in the railways involved herein and their appurtenances in the vicinity of Lansdowne avenue that may be necessary to make them conform to the said plan B (save as such plan may be modified hereunder in respect of the number of tracks of the Canadian General Electric Company, Limited, crossing the said street) shall be carried out in conjunction with the remainder of the said work indicated on the said plan.
  3. That the Bell Telephone Company of Canada, the Hydro-Electric Power Commission of Ontario, the Toronto Electric Commissioners, and the Consumers Gas Company of Toronto make such changes in their wires, pipes, and other plant as may be made necessary by the construction and grade separation ordered hereby, such changes to be made forthwith after notification in writing by the engineer of the Canadian Pacific Railway Company in charge of the work.
  4. That the cost of the work hereby directed to be carried out in connection with the separation of grades in respect of the tracks of the Canadian Pacific Railway Company and of the Canadian General Electric Company, Limited, at Lansdowne avenue be borne and paid as follows:—
    1. That forty per cent of the cost of the said work in respect of the tracks of the Canadian Pacific Railway Company be paid out of the Railway Grade Crossing Fund, such payment not to exceed the sum of one hundred thousand dollars ($100,000);
    2. That forty per cent of the cost of the said work in respect of the tracks of the Canadian General Electric Company, Limited, be paid out of the Railway Grade Crossing Fund, such payment not to exceed one hundred thousand dollars ($100,000);
    3. That the applicant be responsible for the payment of such amount over and above the amounts so to be paid out of the Railway Grade Crossing Fund, as shall be necessary to make up the full forty per cent of the total cost of the said work hereby directed to be carried out;
    4. That the Bell Telephone Company of Canada, the Hydro-Electric Power Commission of Ontario, the Toronto Electric Commissioners, and the Consumers' Gas Company of Toronto bear and pay the cost of any changes in their wires, pipes, and other plant which they are directed to make under paragraph 3 hereof; such payments of the said Gas Company to be without prejudice to its rights, if any, over against the applicant;
    5. That after deducting the amounts to be paid under clauses (a), (b), and (c) of this paragraph, the remainder of the cost of the said work, including interest at the rate of five per centum per annum from a date sixty days after the submission of the account of any expenditure to the date of payment, be borne and paid as follows:—
      1. Ten per cent by the Toronto Transportation Commission;
      2. Forty-five per cent by the applicant;
      3. Forty-five per cent by the Canadian Pacific Railway Company and the Canadian General Electric Company, Limited, in such proportions as they may agree upon;
    6. That in the event of any disagreement between the parties herein mentioned as to the details of the apportionment of distribution of cost or as to any of the payments by this order directed or otherwise incidental thereto or arising therefrom, such matter may be referred to the Board, on proper notice, for adjustment or further direction.

S. J. McLean
Asst. Chief Commissioner,
The Board of Railway Commissioners for Canada.