An injunction preventing the eviction of Occupy Toronto from St. James Park was granted today at 5:30pm. 

Lawyers from Green and Chercover successfully argued for a stay against the eviction until in a full hearing can be held to determine whether or not they can be evicted.

Sources in Occupy Toronto have stated that lawyers from Green and Chercover will be arguing that the protest should be allowed to remain according to the Charter of Rights and Freedoms, namely freedom of expression and freedom of assembly.  Deliberation will likely begin tomorrow with the presiding judge handing down a ruling by Saturday at the latest.

If approved, Toronto Police Services and City bylaw officers will likely enforce the eviction as it is being carried out under the Trespass to Property Act.

While the City may be given the right to evict the protesters on their land, confusion persists around where City land (St. James Park) begins and land belonging to St. James Cathedral, the church directly adjacent to the park, ends.

Documents obtained by the Toronto Media Co-op show that part of the park may belong to the Church according to the title deed and plan reference for the land.

Meanwhile, 11 City councillors have signed a letter calling on the Mayor to stop the eviction.

The eviction, ordered by City Manager Joe Pennachetti, states that protesters are being evicted due to business complaints and the need to winterize the park. 

While mainstream media has highlighted several complaints from business owners, the Toronto Media Co-op has reported on several business owners in the area who are supportive or benign to the Occupy site.

Toronto Media Co-op has not been able to confirm whether the City has met with protesters about winterizing the park or if it is able to do so with proesters present.

Meanwhile, supporters of Occupy Toronto continue to swell the camp.