While Metrolinx has not admitted fault for the incident, the city was clear in a statement to the Star Friday the "significant amount" of dust was "construction-related."
www.thestar.com
Mx seems to have relented, and is modifying its practices in the Pape/Danforth area.
As to the City's ability to enforce on Mx....people just lack courage............Mx can't be penalized for working without a permit, but the City controls the watermains and can shut down the water supply to all Mx construction sites, it can cut off de-watering access to the sewers and it can send in Hydro to cut the power.
Those measures vary from arguably within the City''s scope of authority to questionable legality............but ya know.....a delay while Mx goes to court to get an injunction.........then the City being shocked that all the staff who could possible turn things back on are all on vacation the same week..........could happen.
Before someone says I'm being fanciful (which I am a bit)......... I love my example of the former Mayor of Chicago who closed his version of the Island Airport by having City workers tear up the runway in the middle of the night, without notifying the FAA or obtaining required Federal permissions.
He won, the airport closed.
Sometimes, a little bit of courage goes a long way.