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Appeals - Purpose of an Appeal

. Halton (Regional Municipality) v. Canada (Transportation Agency)

In Halton (Regional Municipality) v. Canada (Transportation Agency) (Fed CA, 2024) the Federal Court of Appeal dismissed an appeal from Ontario municipalities of a decision of the Canada Transportation Act [CTA] [s.41(1)].

Here the court sets out the purpose of an appeal:
[50] At other times during oral argument, perhaps out of understandable enthusiasm, the appellants seemed to exhort us to interfere on behalf of the residents of Halton to prevent them from suffering ill-effects from CN’s planned facility. However, under this legislative regime passed by our democratically elected government, the assessment of those ill-effects is for the Agency, not us. We would be acting contrary to law if we were to wade in and make our own assessment. Our task is limited to reversing the Agency’s decision for legal error or procedural unfairness. Here, we see no legal error and no procedural unfairness.


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Last modified: 25-07-24
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