COWLING WLG July 8, 2019 Natalie Rizkalla-Kamel Via E-Mail: [email protected] Lesley Griffiths, Panel Chair Milton Logistics Hub Project Review Panel do Canadian Environmental Assessment Agency 160 Elgin Street Ottawa, ON K1A OH3 Dear Ms. Griffiths I Members of the Review Panel: Re: Milton Logistics Hub Project — Undertaking 15 On behalf on the Regional Municipality of Halton, the Corporation of the Town of Milton, the Corporation of the Town of Halton Hills, the Corporation of the City of Burlington, and the Corporation of the Town of Oakville (together the "Halton Municipalities"), this letter is made in follow-up to CN's response to Undertaking #15. The Halton Municipalities object to the submission of the memo from Amy Jiang to Darren Reynolds provided by CN on June 28, 2019 as part of Undertaking #15 (the "June 28, 2019 Memo"). Undertaking 15 was an Information request for "CN to provide 2008 traffic report and summary of traffic generation by June 28, 2019". CN provided the BA Group 2008 report and the June 28, 2019 Memo. The June 28, 2019 Memo was not simply a summary of the 2008 BA Group Report, as requested, but a 4-page substantive memo that provided a new interpretation of the 2008 report and, importantly, set out additional commentary and critique on Halton Municipalities' expert presentation given on June 26, 2019. The Halton Municipalities submitted and posted its presentation a week in advance. CN had an opportunity to question Halton Municipalities' experts on the issues contained in the June 28, 2019 Memo during the corresponding presentations on June 26, 2019, but it chose not to. The Panel recently gave the direction that it does not want to be in a position where "if objections are raised in closing comments, we cannot pursue the issue with the relevant experts" and that going forward, CN's closing remarks "will not be an opportunity to offer additional response or new information") The inclusion of the June 28, 2019 Memo leads to the same procedural unfairness, as it would allow CN to criticize a technical expert's views after the fact, without giving the expert an opportunity to respond. 1 Hearing Transcript Volume 7: June 28, 2019 ("CEAR 889"), at p. 1891-1893. Gowling WLG (Canada) LLP Suite 1600, 1 First Canadian Place 100 King Street West Toronto ON M5X 1G5 Canada T +1 416 862 7525 F +1 416 862 7661 gowlingwlg.com Gowling WLG (Canada) LLP is a member of Gowling WLG, an international law firm which consists of independent and autonomous entities providing services around the world. Our structure is explained in more detail at gowlingwIg.comilegal. Gowling WLG (Canada) LLP Suite 1600, 1 First Canadian Place 100 King Street West Toronto ON M5X 1G5 Canada T +1 416 862 7525 F +1 416 862 7661 gowlingwlg.com Gowling WLG (Canada) LLP is a member of Gowling WLG, an international law firm which consists of independent and autonomous entities providing services around the world. Our structure is explained in more detail at gowlingwlg.com/legal. Natalie Rizkalla-Kamel July 8, 2019 Via E-Mail: [email protected] Lesley Griffiths, Panel Chair Milton Logistics Hub Project Review Panel c/o Canadian Environmental Assessment Agency 160 Elgin Street Ottawa, ON K1A 0H3 Dear Ms. Griffiths / Members of the Review Panel: Re: Milton Logistics Hub Project – Undertaking 15 On behalf on the Regional Municipality of Halton, the Corporation of the Town of Milton, the Corporation of the Town of Halton Hills, the Corporation of the City of Burlington, and the Corporation of the Town of Oakville (together the “Halton Municipalities”), this letter is made in follow-up to CN’s response to Undertaking #15. The Halton Municipalities object to the submission of the memo from Amy Jiang to Darren Reynolds provided by CN on June 28, 2019 as part of Undertaking #15 (the “ June 28, 2019 Memo”). Undertaking 15 was an Information request for “CN to provide 2008 traffic report and summary of traffic generation by June 28, 2019”. CN provided the BA Group 2008 report and the June 28, 2019 Memo. The June 28, 2019 Memo was not simply a summary of the 2008 BA Group Report, as requested, but a 4-page substantive memo that provided a new interpretation of the 2008 report and, importantly, set out additional commentary and critique on Halton Municipalities’ expert presentation given on June 26, 2019. The Halton Municipalities submitted and posted its presentation a week in advance. CN had an opportunity to question Halton Municipalities’ experts on the issues contained in the June 28, 2019 Memo during the corresponding presentations on June 26, 2019, but it chose not to. The Panel recently gave the direction that it does not want to be in a position where “if objections are raised in closing comments, we cannot pursue the issue with the relevant experts” and that going forward, CN’s closing remarks “will not be an opportunity to offer additional response or new information”. 1 The inclusion of the June 28, 2019 Memo leads to the same procedural unfairness, as it would allow CN to criticize a technical expert’s views after the fact, without giving the expert an opportunity to respond. 1 Hearing Transcript Volume 7: June 28, 2019 (“CEAR 889”), at p. 1891-1893. <contact information removed>