The City of Cornwall would like to provide an update on legal matters surrounding the storage tanks site operated by Trillium Distribution Cornwall Inc. in the Cornwall Port area.
On December 9, 2013, City Council passed an Interim Control By-law to prohibit development on the storage tanks site. In addition, in early 2014, the City imposed charges against Trillium for not obtaining a building permit and site plan control approval and failure to obey an order to comply. This matter has been granted a number of extensions before the courts.
At the same time, Trillium had initiated an action in Superior Court against the City claiming the City exceeded its authority in laying the charges stated above.
The City and Trillium have reached an agreement that has seen Trillium withdraw its Superior Court application in exchange for the City withdrawing its charges.
The City of Cornwall is continuing to work with the Mohawk Council of Akwesasne and Transport Canada on a divestiture process for the Port of Cornwall. This is a defined process outlined in Canada’s National Marine Policy which provides for the transfer of local ports to local entities. This matter deals with the entire port district, including the harbour and the storage tanks development site. The ultimate goal is for the City of Cornwall and Akwesasne to take joint ownership of this area.
CAO Norm Levac confirmed to CFN that the city did not write a cheque to Trillium to settle the dispute.
I think the city realized that they would have lost on both counts. Yes, the citizens / taxpayers should have been consulted before the contract was struck with Trillium Distribution. But in the end the contract was between Transport Canada and Trillium Distribution. The federal government does not have to abide by municipal and / or provincial laws. The city would have lost on the charges against Trillium for not obtaining a building permit and site plan control approval and failure to obey an order to comply. As well, the city would have lost when Trillium had initiated an action in Superior Court against the City claiming the City exceeded its authority in laying the charges.
Perhaps this is a sign someone at city hall is coming to their senses when it comes to court matters. It’s nice to dream, but I doubt this is true.
When a city or town is not consulted when the feds or provincials go ahead and make plans that the people will not like that is not democracy but totalitarian style governance. That is what is wrong with the world today just throw anything on the sheeple and they can take it or lump it. The world is upside down and no end in site until the sheeple wake up and throw it back to the dictators that we have. There is too much unfairness and this has to stop now. Those in council and as mayor in Cornwall are totally incompetent and nothing but a sad joke that was played on the people.
Simple solution was to rezone and limit vehicle weight/size on surrounding roadways.
Jules….what some seem to forget is that the city was told. However (most of) city council was not told. That comes down to is the tail wagging the dog or is the dog wagging the tail?