ROCKWOOD HOMEOWNERS' ASSOCIATION (Established September 1997)

COUNCIL OF CONCERNED RESIDENTS LAWSUIT

The Rockwood Homeowners' Association is a member of the Council of Concerned Residents on Expansion at Pearson Airport (CCR). In 1993 the CCR launched a law suit to stop construction of a new north/south runway at Pearson Airport; The CCR law suit maintains that: OPERATION OF THE NEW NORTH/SOUTH RUNWAY AT PEARSON IS AN ILLEGAL ACT The CCR law suit is based on the following three major facts:

1) Privy Order in Council, P.C. 1973-3026, 5 October, 1973, which states:

"WHEREAS the Government of Canada has decided that Toronto International Airport, Malton, will not be expanded beyond its present boundaries in order not to further increase the degree of disturbance from flight operations ... "

2) The City of Mississauga Official Plan of 1978, approved by both Federal and Provincial authorities states:

"The designation of land use is based on the assumption that there will be no expansion of TIA (LBPIA) beyond the three runway configuration"

3) An Environmental Assessment and Review Panel, commissioned by the Federal government, under the chairmanship of David Kirkwood, spent three years and thirteen million dollars to declare in November of 1992:

"The proposal to construct the runway 15R-33L as described in the EIS, should not be further pursued, as the adverse social impact which it would create would outweigh the modest increase in north/south capacity it would provide."

The CCR, as plaintiff, is represented by the law firm, Lenczner Slaght Royce Smith Griffin. Lawyers for the government and Pearson argue that the CCR as an entity holds no property and cannot suffer financially because of the runway: therefore, they argue, their suit does not qualify as a class action. Justice Warren Winkler told the CCR its case would stand a better chance of proceeding if a landowner was willing to lead it. Such a landowner(s) would be liable for costs and damages. CCR lawyers are in the process of applying to the Class Action Fund. If accepted, costs and damages would be mitigated.