Canadian National Railway Company v. Halton (Regional Municipality)
Canadian National Railway Company
Law Firm / Organization
Torys LLP
Regional Municipality of Halton, Canadian National Railway Company, Corporation of the City of Burlington, Corporation of the Town of Halton Hills, Corporation of the Town of Milton, Corporation of the Town of Oakville, et al
Attorney General of Canada, Canada (Minister of the Environment)

- Parties: The appellant was the Canadian National Railway Company. The respondents were the Regional Municipality of Halton, Canadian National Railway Company, Corporation of the City of Burlington, Corporation of the Town of Halton Hills, Corporation of the Town of Milton, Corporation of the Town of Oakville, Halton Regional Conservation Authority, Attorney General of Canada, and Canada (Minister of the Environment).

- Subject Matter: The Canadian National Railway Company sought approval to build and operate an intermodal logistics hub in Milton, Ontario. Two decisions were made regarding an environmental assessment under the Canadian Environmental Assessment Act, 2012. A judicial review application successfully challenged these decisions, which the Federal Court set aside. The court found the decisions unreasonable for failing to meaningfully grapple with the direct significant adverse environmental effect that the project would likely have on human health relating to air quality and failing to consider the protection of human health under s. 4(2) of the Act.

- Ruling: The appeal court ruled in the appellant’s favour, allowed the consolidated appeals, set aside the Federal Court’s judgment and costs award, and dismissed the underlying judicial review application. The appeal court found the decisions of the Minister of the Environment and Climate Change and the Governor in Council reasonable.

- Date: The hearing was set on July 25, 2024. The court released its decision on Oct. 4, 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-121-24
Environmental law
$ 0
Appellant
27 March 2024