Burlington, Ont., Nov. 14, 2013 – On Nov. 13, 2013 a Milton Superior Court ruled the City of Burlington’s site alteration bylaw applies to the Burlington Airpark.In his decision the Honourable Justice J. Murray also ruled that:

• As the city’s bylaw is valid and binding on the Burlington Airpark.
• The city is able to enforce its bylaw
• The Airpark’s application against the city is dismissed
• The City of Burlington is entitled to its legal costs.

In arriving at his decision, Justice Murray found that the city’s site alteration bylaw made pursuant to the Municipal Act, 2001 was a “valid exercise of property and civil rights under section 92(13) of the Constitution Act, 1867”. Justice Murray further found that the city’s bylaw did “not impair the federal aeronautics power or create an operational conflict between the provisions of the by-laws and the federal aeronautics power.”  In determining that the city’s bylaw did not intrude on the core federal power to regulate aeronautics, Justice Murray concluded that the city’s site alteration bylaw “was designed to regulate the use of landfill for the protection of the environment and for the safety, health and welfare of municipal residents” and “was not enacted for the purpose of regulating federal undertakings.”

“This is a significant decision not just for Burlington, but for municipalities throughout Ontario,” said Mayor Rick Goldring. “We made a commitment to the residents of Burlington that we would do whatever was necessary to bring the airport operations into compliance. This decision is a victory for our community.”

The City of Burlington was represented by Ian Blue of the firm Gardiner Roberts from Toronto.

“Staff will be meeting with our legal counsel to determine our next steps, including how this decision might be used in respect of the city’s other regulatory powers, to deal with the situation at the Airpark  ” said Scott Stewart, general manager of development and infrastructure.