A judge has decided that a legal dispute involving the federal government and the owners of the Ambassador Bridge, regarding the new Gordie Howe International Bridge, will proceed to trial. The key issue revolves around whether the Canadian Transit Company, which owns the Canadian side of the bridge and is a Michigan-based entity, holds exclusive rights to toll collection at border crossings in west Windsor based on a century-old law.
As the opening of the Gordie Howe International Bridge approaches, the company claims that the Canadian government owes them compensation for violating this alleged right. The federal government sought a summary judgment to dismiss the case without a trial, contending that the 1921 law, the Canadian Transit Company Act, did not confer exclusive rights to the company. However, Justice Robert Centa disagreed with this argument.
Centa stated that the question of whether the Canadian Transit Company Act implicitly granted exclusivity to the company due to its responsibility for operating the Ambassador Bridge in exchange for toll collection rights is a substantial matter that warrants a trial. The timing of the trial is yet to be determined but has been discussed before Centa at Toronto’s Superior Court of Justice.
The legal dispute originated in 2012 when the Canadian Transit Company initially sued the Canadian government for approving the construction of the new bridge. The company is seeking a declaration that it is entitled to compensation for rights infringement and de facto expropriation, as well as for various legal violations like nuisance, trespass to land, breach of contract, and negligent misrepresentation.
Justice Centa referenced historical legal precedents dating back to 1837 to support the notion that exclusivity rights can be implied even when not explicitly stated in a legal agreement. However, he clarified that his decision did not establish a legal conclusion but emphasized the necessity for further arguments to be presented during a trial. The judge has set two administrative deadlines for early November.