Ontario Court Decision on CN intermodal didn't give the Region everything it wanted but it did take the rug out from under the CN's main arguement

By Staff

August 12th, 2022



“On August 10, 2022, the Ontario Superior Court of Justice released its decision in a case between the Halton Municipalities and Conservation Halton (the “Halton Municipalities”) and CN related to CN’s proposed Intermodal facility in Milton.

“The Halton Municipalities had commenced the application to protect the thousands of residents that live near the CN lands in Milton from adverse and harmful effects that would arise from CN’s proposed intermodal hub.

“The Court decision flatly rejected CN’s claim that as a federally regulated rail project, it was immune from over 60 provincial and local laws designed to protect people and the environment from adverse and harmful impacts that would be caused by the facility.

This was the same argument to Burlington Airpark owners used.  The city won the first case – they lost the appeal and decided to throw in the towel.  Had Burlington taken the case to a high court CN would have known that they didn’t have a leg to stand on

It will be interesting to see if the Region appeals.  They might want to chase down Ian Blue the lawyer who did a fine job for Burlington on a case that was very similar.

“While the decision did not grant the Halton Municipalities request for an immediate injunction, it did leave open the door for future activity by the Halton Municipalities to continue to enforce their laws in the public interest.

“The Halton Municipalities will continue to review the Ontario Superior Court decision and consider its options. In addition, the Halton Municipalities are continuing its litigation in the Federal Courts to review decisions by the Canadian Transportation Agency, the Federal Minister and Cabinet to approve federal aspects of the CN Project. The Halton Municipalities oppose CN proceeding with the truck-rail hub in Milton because it does not comply with applicable provincial and municipal laws and will cause significant harm to air quality and human health.

To view the Ontario Court’s decision and learn more about the Halton Municipalities’ position on the project, please visit halton.ca/CN.

Related news stories:

Region and its municipalities decide to take CN to court.


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