Judge orders City to leave camp untouched until he has a chance to consider the full implications of the eviction notice; ruling expected Saturday.
In a ruling early this evening, Ontario Superior Court Justice David Brown granted Occupy Toronto protesters a temporary injunction, allowing them to remain in St. James Park for at least a few more days. Explaining his reasoning, the judge wrote:
The protesters have encamped in the Park for a month. They are now being asked to leave within a day. They have come before this Court, as members of the public, asking the Court to adjudicate on their rights. In these circumstances I think the most appropriate way to balance the interests of all concerned is to maintain the status quo for a very short period of time and require the parties to proceed to an early adjudication of this proceeding.
The terms of the interim decision mean that the camp must stay as it is: the City cannot remove anyone—or any tents—from the site, nor can new protesters set up camp in the park. Judge Brown will hear from lawyers representing the City of Toronto and Occupy Toronto at a hearings scheduled to begin at 10 a.m. Friday morning, and is aiming to issue a decision by 6 p.m. Saturday evening.
The full text of the judge’s findings today:
Batty v City Toronto Interim Stay Nov1511