Chatham-Kent vs Canadian Pacific Railway

Over the past few years, CP Rail has advised the Municipality of Chatham-Kent that they will no longer bear costs for drainage infrastructure under the Ontario Drainage Act. In a current dispute between the Municipality and CP, CP is also refusing to permit Drainage Act work on its lands through the Drainage Act process.  In response to all of this, the Municipality has initiated a lawsuit in the Ontario Drainage Court. As part of this lawsuit process, the Municipality and CP have filed several documents. Links to these documents can be found on this page.

Notice of Constitutional Question

Documents

Exhibit 1 - Engineer's Report

Exhibit 2 - Chatham-Kent By-law 93-2021, Shaw Branch of the Facey East Drain

Exhibit 3 - Notice of Constitutional Question, Respondent Canadian Pacific Railway

Exhibit 4 - Affidavit of Alex Miller

Exhibit 5 - Affidavit of John Spriet

Exhibit 6 - Affidavit of Blaise Chevalier

• Exhibit A-D
• Exhibit E-F
• Exhibit G-H
• Exhibit I
• Exhibit J-N
• Exhibit O-P
• Exhibit Q-Z
• Exhibit AA to GG
• Exhibit HH to JJ

Exhibit 7 - Affidavit of Sidney Vanderveen

Exhibit 8 - Affidavit of Rheal Lemelin

Exhibit 9 - Affidavit of Jack Carello

Exhibit 10 - Reply Affidavit of Blaise Chevalier

Exhibit 11 - Ontario Federation of Agriculture

Exhibit 12 - Affidavit of Trevor Evans

Exhibit 13 - Rural Ontario Municipal Association

Exhibit 14 - Reply Affidavit of Blaise Chevalier

Exhibit 15 - Affidavit of Jack Carello

Memorandum of Appearance

Notice of Application - Applicant Municipality of Chatham-Kent

Notice of Hearing - November 11, 2024

Order - Municipality of Chatham-Kent vs Canadian Pacific Railway

Order - Letter to Counsel

Procedural Order for Notice