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October 19, 2005
City files motion on St. Clair Avenue West Transit Improvement Project
Mayor David Miller announced today that the City of Toronto and the Toronto
Transit Commission filed a motion requesting that the panel of judges who heard
an application concerning the St. Clair Avenue West Transit Improvement project
recuse themselves due to a reasonable appearance of bias on the part of one of
the Justices.

On October 11, 2005, the Divisional Court of Ontario directed the City and the
TTC to discontinue St. Clair Avenue West transit improvement activities. No
reasons were issued by the Court at the time the application was granted. The
Court stated that the reasons would follow.

The motion filed today states that one Justice on the panel hearing the
application previously participated in an action against the City concerning a
local land use planning activity. In the opinion of the City and the TTC, the
extensive involvement and activities of that Justice could result in a
reasonable appearance of bias in the St. Clair matter.

"The decision to file this motion was not made lightly. The City and TTC
decided to proceed on the basis of doing what is in the best interests of the
public," said Mayor Miller. "We have a responsibility to ensure there is no
appearance of bias."

The motion requests that the application be re-heard by another panel of

The motion, filed in the Divisional Court of Ontario this afternoon, requests
that the Court hear this matter next week.

Media contacts:

Patchen Barss
Office of the Mayor
(cell) 416-294-0897

Brendan Agnew-Iler
Office of the Mayor
(cell) 416-527-3486



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