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A coalition of groups representing the Mount Dennis community in Toronto has failed in court to derail plans by Metrolinx to cut down mature trees in parkland of the Humber River Valley to make way for an elevated segment of the Eglinton Crosstown West Extension (ECWE) LRT line.

The Save Eglinton Flats Coalition (SEFC) had sought an injunction against the Crown agency and Ontario government to stop up to 1,200 trees in the west end watershed and urban forest from being felled, but a Superior Court of Justice judge ruled against the challenge, paving the way for the trees to be razed and work to begin on a proposed 1.5-kilometre line through the urban greenspace.

“There’s certainly a lot of anger in the community today because it’s hard to see what Metrolinx is doing as reasonable practices,” says coalition spokesperson Neiland Brissenden. “We’re not against transit but you have to be reasonable, include the community and do it right.”

The proposal calls for a portion of the LRT line to run as an elevated section through a wildlife corridor and sensitive greenspace in the Eglinton Flats area, from just west of Scarlett Road to east of Jane Street along the north side of Eglinton Avenue West, crossing the Humber River.

The coalition, a grassroots organization comprised of several community and environmental justice groups, supports expanded public transit but opposes the proposal for an elevated line because it means cutting down trees that aid in erosion protection, act as a sound barrier and provide greenspace for migratory birds and threatened species and endangered bats.

The group wants Metrolinx to pause and reconsider alternative options such as building the stretch of line underground or at-grade along Eglinton.

However, Metrolinx said in a statement prepared for Daily Commercial News that the Humber River is an identified floodplain zone that has experienced historic levels of flooding with Hurricane Hazel and, more recently, during the Toronto flood of 2013 and therefore the tunnelling option does not work.

“Elevating the line here on a bridge, or guideway, is the best way to ensure safe and reliable service for commuters,” the agency stated.

“We will only ever remove the trees that are absolutely necessary, and we plant more trees than we remove. On average, we plant at least three trees for every tree removed and work has already started to plant approximately 8,500 new trees in the area.”

Metrolinx said up to 3,500 plantings will take place in Mount Dennis area parkland, with the rest taking place in other local parks, ravines and natural feature areas. It is important to note that of the tree removals required to build transit in this area, half are invasive species.

To date, more than 150 stakeholder meetings have been held in the area to discuss the project, as well as 27 public open houses, 182 community pop-ups and 142 local canvasses, the agency said.

“We have been consulting directly with rights-holding First Nations communities and will continue to do so throughout the course of the project. A comprehensive environmental assessment process was also undertaken which included public consultation and feedback that was incorporated into the final report.”

The coalition had sought an injunction based on Bill C-226, the National Strategy Respecting Environmental Racism and Environmental Justice Act. The group argued the Mount Dennis area, deemed a marginalized and vulnerable community, should be protected and the move to destroy parkland without consulting residents is tantamount to environmental racism.

In a statement, the group contended there was a stark disparity between the degree of consultation in Mount Dennis and in Etobicoke, home to the ridings of Premier Doug Ford and Infrastructure Minister Kinga Surma, where 7.7 kilometres of the ECWE will be tunnelled underground.

However, the judge ruled against an injunction. No order was made for the SEFC to pay court costs of Metrolinx.

Brissenden says the community isn’t buying the idea that an elevated line is the best solution and wants Metrolinx to revisit the situation – taking into account the concerns of area residents.

“I think ultimately at the end of the day, what the citizens and the community of Mount Dennis want is a seat at the table.

“This has been a community for decades and we want our vulnerable residents to be protected,” he says. “We deserve a voice in all these processes. You can’t just look at a neighbourhood like Mount Dennis and go, ‘We’re going to rewrite it and trample over who’s living there.’”

Design work for the section of LRT line is only 60 per cent complete, Brissenden says, yet Metrolinx has decided the trees must come down.

“The point we’re trying to make to Metrolinx is that, ‘You haven’t even done the design, do you absolutely need to bring the trees down?’ The answer is a resounding, ‘No.’”

While the coalition might have lost the recent court battle, the group intends to continue the fight.

“We’re taking a deep breath, but we’re certainly not done,” says Brissenden. “We’re going to look for other ways to protect our community, protect our parks and protect our local residents.”