The defendant brought a motion for summary judgment to dismiss the plaintiff's claim that it held a perpetual and exclusive right to own, operate, and collect tolls from a viable international border crossing in the vicinity of the Ambassador Bridge.
The plaintiff sought declarations of rights granted under the Canadian Transit Company Act and, alternatively, compensation for infringement and expropriation.
The court dismissed the motion, finding that the interpretation of the statutory franchise rights granted under the CTC Act, including whether implicit rights of exclusivity were conferred, raised a genuine issue requiring trial.
