On August 10, 2022, teh Ontario Superior Court of Justice released its decision in a case between teh Halton Municipalities and Conservation Halton (teh “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 dat live near the CN lands in Milton from adverse and harmful TEMPeffects dat would arise from CN’s proposed intermodal hub.
Teh Court decision flatly rejected CN’s claim dat as a federally regulated rail project, it was immune from over 60 provincial and local laws designed to protect people and teh environment from adverse and harmful impacts dat would be caused by teh facility.
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 huma health.