Ontario Construction News staff writer
Construction of a major CN Rail hub in Milton is back on track after the Supreme Court of Canada declined to hear an appeal that aimed to block the project.
As is customary, the Supreme Court did not provide reasons for dismissing the request for appeal.
The $250-million development will expand Canadian National Railway Co.โs existing track infrastructure and establish a new facility to transfer shipping containers between trucks and trains in the Greater Toronto Area.
Last October, a three-judge panel unanimously ruled that the federal government’s approval of the project โ despite acknowledging โsignificant adverse environmental effectsโ โ was reasonable.
The legal challenge was brought by Halton Region, its four municipalities, and the Halton Region Conservation Authority, who opposed the project over environmental and health concerns.
The development was planned in three phases:
- Phase One: Site preparation activities began in late Fall 2021, including installation of site monitoring equipment, surveying, placement of stakes for site safety, installation of earthen berms, environmental enhancement works, excavation for drainage features, vegetation removal, habitat enhancements, creek diversion, and initial works on the relocation of CNโs mainline and the Sun Canadian pipeline.
- Phase Two: Anticipated to commence in the fall of 2023, this phase includes terminal construction, such as an administration office and maintenance garage, intermodal pad, main truck entrance, employee entrance and parking areas, grade separation at Lower Base Line, and rail track to support the operation of the facility.
- Phase Three: Construction activities in this phase involve paving of the terminal and connecting driveways, installation of gates, and activation of stormwater management ponds.
In a statement released following the Supreme Courtโs decision, the grassroots advocacy group โMilton Says Noโ expressed disappointment but not surprise, noting that the Supreme Court hears only a small percentage of appeal requests.
โThe Supreme Court grants leave to appeal in only about 5 to 10 per cent of cases,โ the group said. โWe always knew this was a long shot.โ
The group reiterated its concerns that the hub would negatively impact public health by increasing diesel emissions and particulate matter, with an estimated 800 diesel trucks expected to make daily trips to and from the facility.
Despite the legal setback, โMilton Says Noโ said the fight isnโt over. The group called on newly elected MPs and Prime Minister Mark Carneyโs cabinet to reverse the federal approval.
โWe are not walking away. We have fought this for 11 years,โ the statement read. โWe have delayed this project, brought national attention to it, and forced mitigations that wouldnโt exist without our efforts.โ
The group framed the issue as a matter of public health, urban planning, and justice, urging political leaders to intervene.
A lower court ruling in March 2024 had also acknowledged health concerns tied to deteriorating air quality due to truck traffic associated with the project.