Ontario court agrees Region can continue to oppose CN Rail facility in Milton

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Published August 12, 2022 at 3:49 pm

A provincial court decision has given more power to Halton municipalities and Conservation Halton to fight a proposed CN-Rail Intermodal facility in Milton.

However, the Ontario Superior Court didn’t go so far as to grant Halton’s request for an immediate injunction.

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

And while the decision did not grant Halton’s injunction request, it did leave open the door for future activity for the local entities to continue to enforce their laws in the public interest.

Halton 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 the proposal.

In addition, Halton is continuing litigation in federal courts to review decisions by the Canadian Transportation Agency, the federal minister and cabinet to approve federal aspects of the CN Project.

Halton opposes 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’s position on the project, visit the Region’s website.

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