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City of Hamilton

Federal Court Case

In May 1999, the former Region of Hamilton-Wentworth learned that the federal government had chosen to subject the Expressway project to a wide ranging Panel Review under the Canadian Environmental Assessment Act (CEAA).  This despite the fact that 60% of the project was complete, over $200 million had been invested, and approved development awaited completion of the project.  In other words, decisions made by the Region and former City of Hamilton before CEAA came into being were irrevocable.  Repeated attempts by the Region to communicate this concern to the federal government ultimately failed.  In August 1999, the Region file a judicial review application to challenge this basic principle.

The Region successfully fought the federal government, and you can read Justice Dawson's Federal Court Trial decision here.

As a result of Justice Dawson's decision, the federal government appealed to the Federal Court of Appeal. The court upheld Justice Dawson's decision.