The Board of Transport
Commissioners for Canada
Commission des Transports
du Canada

Order no. 91476

Tuesday, the 30th of
April, A.D. 1957

In the matter of the application of the Corporation of the City of Toronto, Ontario, for an Order under Section 39, 257, 259 and other appropriate sections of the Railway Act, authorizing the construction of a bridge, with the necessary approaches thereto, over the tracks of the Canadian National Railways, the Canadian Pacific Railway Company and the Toronto Terminals Railway at Eastern Avenue in the City of Toronto, Ontario, apportioning the cost of the work between the parties interested and affected by the Order for construction, and authorizing a contribution from the Railway Grade Crossing Fund.

25493.1

Clarence D. Shepard
Chief Commissioner

Armand Sylvestre
Deputy Chief Commissioner

H. B. Chase
Commissioner

Upon hearing the application at a sittings of the Board in Toronto, Ontario, on March 12th and 13th, 1957, in the presence of Counsel for the Corporation of the City of Toronto, The Municipality of Metropolitan Toronto, the Canadian National Railways, the Canadian Pacific Railway Compay, the Toronto Terminals Railway Company, The Bell Telephone Company of Canada, the Toronto Electric Commissioners, The Hydro-Electric Power Commission of Ontario, the Consumer's Gas Company of Toronto and Canada Iron Foundries Limited—

It is hereby ordered as follows:

  1. The Corporation of the City of Toronto is authorized to construct and maintain a bridge, with the necessary approaches thereto, over the tracks of the Canadian National Railways, the Canadian Pacific Railway Company and the Toronto Terminals Railway at Eastern Avenue in the City of Toronto, Province of Ontario, as shown on Plan No. C-20-12, revised to October 8, 1956, on file with the Board under file No. 25493.1; detailed plans thereof to be submitted for the approval of an Engineer of the Board.
  2. There shall be paid out of The Railway Grade Crossing Fund towards the cost of construction of the said bridge the sum of $300,000.00 in respect of its crossing of the tracks of Toronto Terminals Railway Company and the sum of $300,000.00 in respect of its crossing of other railway tracks.
  3. Toronto Terminals Railway Company shall pay $100,000.00 towards the cost of construction of the said bridge in respect to the crossing of its tracks.
  4. Canadian National Railways and Canadian Pacific Railway Company shall each pay $50,000.00 towards the cost of construction of the said bridge in respect of its crossing of tracks other than those of Toronto Terminals Railway Company.
  5. Subject to the provisions of paragraph numbered 6 hereof, the Corporation of the City of Toronto shall pay the remainder of the cost of construction of the said bridge.
  6. The cost of removal and relocation of the plant and equipment of any public utility necessitated by the construction of the said bridge shall be borne and paid initially by the company or commission owning or operating the said plant and equipment, subject to any further order in respect thereto the Board may make following review of its rule of practice respecting removal of plants of public utilities at grade separations.
  7. The Toronto Terminals Railway Company shall pay $100.00 per year and Canadian National Railways and Canadian Pacific Railway Company shall each pay $50.00 per year towards the cost of maintenance of the said bridge, and the Corporation of the City of Toronto shall bear and pay the remainder of the said cost of maintenance.

Clarence D. Shepard
Chief Commissioner,
The Board of Transport Commissioners for Canada.