Ontario Superior Court Issues Intermodal Decision

Application brought by Region of Halton, and Conservation Halton

Ontario Superior Court upholds jurisdiction in CN Intermodal case File Image/ Mohsin Abbas

By Laura Steiner, Local Journalism Initiative

The Ontario Superior Court has released its decision on a case involving the Intermodal between CN Rail, Conservation Halton, and all four Halton Municipalities.

The court action is the result of an initial application by the Regional municipalities, and Conservation Halton to confirm jurisdictions. CN argued that because they were in a federally regulated industry, they did not need to submit their project plans through  municipal, and provincial planning legislation.  The Court’s final decision did not grant an injunction. It left it up to the Region’s discretion to pursue legal action.

“The Halton municipalities are continuing its litigation in the Federal courts, to review decisions by the Canadian Transportation Agency (CTA), the Federal Minister, and Cabinet to approval federal aspects of the CN project.” Halton Region Spokesperson Stacey Hunter said in an email.

CN first proposed the 400 acre complex in March, 2015 at a breakfast with the Chamber of Commerce. It was  approved by federal cabinet in January, 2021 with a list of 325 conditions that would mitigate the project’s health and environmental effects.  The project’s location is close to a neighbourhood known as Boyne, that could be home to over 34,000 new residents upon its completion.  For more information on the response, please visit the Region’s website