Judge rules in Canada Posts favour

A judge ruled this afternoon that the City of Hamilton bylaw which tried to control where Canada Post puts so-called super mailboxes is invalid. It’s a win for the crown corporation, but one that doesn’t come as that much of a surprise based on the arguments in court. There’s a lot of reaction to this afternoon’s decision.Terry Whitehead is one of the Hamilton City councillors who has been leading the charge to put the bylaw in place. “In my humble opinion judging from what I observed I think the judge, he misapprehended the bylaw and I believe that we’re going to have to regroup and take a look at the decision. Do our due diligence and certainly consider an appeal. This is too important to municipalities, it’s too important to Hamilton to give ultimate rights to Canada Post to be able to put super mailboxes anywhere they damn well please.”He says he’s not surprised at the judge’s ruling and that City Council will now have to decide whether to appeal. During the case a lawyer for the city had argued that local governments should have a say in the placement of the mailboxes, even if federal law states they can go on municipal property. The bylaw required Canada Post to get a 200-dollar permit for each community mailbox site. Canada Post had argued that would cost roughly 100-thousand dollars in permit fees and tens of millions in lost savings because it would push back the installation of Hamilton’s new mailboxes until next spring. In his ruling Justice Whitten said Canada Post is “entitled to make decisions which go to the benefit of its survival” and called the bylaw “inapplicable and inoperative.” Despite the legal battle, Canada Post says instillation in Hamilton is still running on schedule. This case has been closely watched by other municipalities across the country.

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