Clean Train Coalition Inc. v. Metrolinx

Summary:

The applicant, the Clean Train Coalition Ltd., sought judicial review of a decision of the respondent Metrolinx to enter into a contract to purchase diesel multiple units ("DMUs''), which were to be used on an air-rail link between Toronto's Union Station and Pearson Airport. The applicant argued that Metrolinx exceeded its jurisdiction in entering the supply contract for DMUs, as it failed to first conduct a feasibility study with respect to electrification of the air-rail link. Subsection 2(1) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1 (the "JRPA") permits the court to exercise judicial review in circumstances where there has been an exercise or refusal to exercise a "statutory power of decision", defined as a decision deciding or prescribing the legal rights, powers, or privileges of a party. The court, rejecting the applicant’s argument, held that the preamble did not confer any legal right, and also pointed out that the EBR provides specific mechanisms to address environmental complaints, which do not include judicial review. The application for judicial review was accordingly dismissed.

At Issue: Require Metrolinx to consider alternative of electrification before purchasing diesel engine