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County Council decides to continue seeking Court ruling in Picton Terminals case

July 25, 2023

Council for the County of Prince Edward has opted to continue seeking a Court settlement to resolve the outstanding legal issues related to the operation of Picton Terminals.

“While we appreciate the work of our staff and legal team as well as representatives from Picton Terminals, in the end Council did not believe the proposed agreement sufficiently addressed the serious concerns we have with the operation of Picton Terminals,” Mayor Steve Ferguson says.

Council also directed the Mayor and CAO to arrange a formal Council-to-Council meeting with the Mohawks of the Bay of Quinte given their continued interest in the outcome the pending court decision.

The issue at hand began in 2020 when Council unanimously denied Picton Terminals’ rezoning request for an expanded list of permitted uses on its property. Picton Terminals appealed to the Local Planning Appeal Tribunal but withdrew that appeal in 2021. The municipality had no other course of action but to seek a Court ruling on “bulk storage” arguing that shipping containers should not be included in the definition of bulk storage.

County Council intends to continue with the injunction filed with the Ontario Superior Court of Justice in October 2022. That injunction seeks to restrain Picton Terminals from developing outdoor storage and a facility to load and unload containers. The injunction also seeks to block cruise ships from docking at Picton Terminals. The next court date for this injunction has not been set. The County anticipates a case management conference will occur before the end of 2023 with the first hearing expected in 2024.

The County is also continuing with its by-law enforcement order against Picton Terminals related to shipping containers on the site. The municipality has laid a charge against the company as it did not comply with the order within the two-week period granted. At the first court appearance on July 7, the Justice of the Peace adjourned the matter until September 15 to allow for further disclosure.

The County will provide updates as they become available. Sign up to receive news and notices and follow the municipality on Facebook and Twitter.

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