Halton (Regional Municipality) v. Canada (Transportation Agency)
REGIONAL MUNICIPALITY OF HALTON
THE CORPORATION OF THE TOWN OF MILTON
THE CORPORATION OF THE TOWN OF HALTON HILLS
THE CORPORATION OF THE CITY OF BURLINGTON
THE CORPORATION OF THE TOWN OF OAKVILLE
THE HALTON REGIONAL CONSERVATION AUTHORITY
CANADIAN TRANSPORTATION AGENCY
Law Firm / Organization
Canadian Transportation Agency
CANADIAN NATIONAL RAILWAY COMPANY

- Parties: The appellants were the Regional Municipality of Halton, the Corporation of the Town of Milton, the Corporation of the Town of Halton Hills, the Corporation of the City of Burlington, the Corporation of the Town of Oakville, and the Halton Regional Conservation Authority. The respondents were the Canadian Transportation Agency and Canadian National Railway Company.

- Subject Matter: The Canadian National Railway Company (CN) applied to the Canadian Transportation Agency under s. 98(2) of the Canada Transportation Act, 1996 to seek approval of the location of certain railway lines that it intended to construct in Milton, Ontario. The Agency granted CN’s application. The appellants sought to quash the Agency’s decision.

- Ruling: The appeal court ruled in the respondent’ favour and dismissed the appeal. The appeal court held that the appellants failed to show that the Agency committed a legal error in interpreting s. 98(2). First, the appeal court found the reasons adequate. Second, the appeal court rejected the appellants’ procedural fairness argument. The appeal court noted that the appellants did not raise a timely objection alleging that the Agency was not acting in an impartial manner although it could have done that at any time during the course of the proceeding.

- Date: The hearing was set on June 7, 2023. The court released its decision on July 23, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded costs in an unspecified amount.

Federal Court of Appeal
A-95-22
Transportation law
$ 0
Respondent
29 April 2022