The Board of
Railway Commissioners for Canada.

Order no. 44936

Thursday, the 26th of
June, A.D. 1930

In the matter of the application of the Municipal Council of the Township of York, in the Province of Ontario, hereinafter called the Applicant, under Section 256 of the Railway Act, for an Order requiring the construction of an overhead bridge over the tracks and right of way of the Canadian National Railways, at a point where the Northern Division of the said railway crosses Eglington Avenue, in the Township of York, as shown on the plan on file with the Board:

36208

H. A. McKeown
Chief Commissioner

S. J. McLean
Asst. Chief Commissioner

Upon hearing the application at the sittings of the Board held in Toronto, November 18, 1929, in the presence of counsel for the applicant and the railway company, and what was alleged; and upon the report of an Engineer of the Board—

it is ordered:

  1. That the Canadian National Railways be, and they are hereby, required to construct an overhead bridge over their tracks and right of way at a point where the said railway crosses Eglington avenue, in the township of York, province of Ontario, as shown on the plan on file with the Board under file No. 36208; detail plans to be filed for the approval of an Engineer of the Board.
  2. That forty per cent of the cost of constructing the said bridge (not exceeding the sum of $100,000) be paid out of the Railway Grade Crossing Fund, the cost of the road surface on the bridge and the maintenance thereof to be paid by the applicant; the question of the distribution of the remainder of such cost to be agreed upon between the parties, and in the case of any disagreement as to such distribution, this order to be without prejudice to such application, if any, as may be made by either or both of the said parties.

H. A. McKeown
Chief Commissioner,
The Board of Railway Commissioners for Canada.