Ontario civil | Environmental Law | Statutory protection of environment | Environmental assessment
Canadian National Railway Company (“CNR”) brought motion to stay application brought by regional municipality and its constituent municipalities and conservation authority, pending outcome of federal environmental assessment review process. CNR’s motion granted. Application brought by municipality was stayed pursuant to s. 106 of Courts of Justice Act pending decision by Minister of Environment and/or cabinet regarding approval of proposed intermodal rail hub project under ss. 52-54 of Canadian Environmental Assessment Act. There was strong reason to believe, on record, that federal environmental review panel will carefully consider municipality's local concerns about proposed development. Another factor which was relevant to considering whether or not to stay proceeding was likelihood of duplication of or inefficient use of court resources if proceeding was not stayed. This factor weighed heavily in favour of granting stay of municipality’s application.
Halton v. CNR (2018), 2018 CarswellOnt 18142, 2018 ONSC 6095, Copeland J. (Ont. S.C.J.).
