Canadian National Railway Co. v. York (Regional Municipality)
The court granted leave because it was satisfied the matter raised a fairly arguable question of law, relying on Canadian Pacific Railway v. Canada (Transportation Agency), 2003 FCA 271.
Source-derived case information.
- Citation
- 2003 FCA 474
- Parties
- Applicant: Canadian National Railway Company; Respondent: The Regional Municipality of York; Respondent: The Canadian Transportation Agency
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 December 2003
- Procedural Posture
- Leave to Appeal / Motion for Leave Decided on Written Submissions; Leave Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Leave to Appeal, Question of Law, Judicial Review of Administrative Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Canadian National Railway Company
Applicant
The Regional Municipality of York
Respondent
The Canadian Transportation Agency
Respondent
Procedural Posture
Leave to Appeal / Motion for Leave Decided on Written Submissions; Leave Granted
Legal Issues
- 1 Whether the matter raises a question of law that is fairly arguable
- 2 Whether leave to appeal should be granted against Canadian Transportation Agency decision 517-R-2003
Ratio Decidendi
The court granted leave because it was satisfied the matter raised a fairly arguable question of law, relying on Canadian Pacific Railway v. Canada (Transportation Agency), 2003 FCA 271.
Court Disposition
Leave to appeal granted
Orders
- Order granting leave to appeal decision 517-R-2003 of the Canadian Transportation Agency dated September 10, 2003.
Full Case Text
Judgment text and source record
1 paragraphs
Canadian National Railway Co. v. York (Regional Municipality) Court (s) Database Federal Court of Appeal Decisions Date 2003-12-10 Neutral citation 2003 FCA 474 File numbers 03-A-45 Decision Content Date: 120031210 Docket: 03-A-45 Citation: 2003 FCA 474 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY Applicant and THE REGIONAL MUNICIPALITY OF YORK AND THE CANADIAN TRANSPORTATION AGENCY Respondents Motion dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on December 10, 2003. REASONS FOR ORDER BY: NADON J.A. CONCURRED IN BY: NOËL J.A. PELLETIER J.A. Date: 120031210 Docket: 03-A-45 Citation: 2003 FCA 474 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: CANADIAN NATIONAL RAILWAY COMPANY Applicant and THE REGIONAL MUNICIPALITY OF YORK AND THE CANADIAN TRANSPORTATION AGENCY Respondents REASONS FOR ORDER NADON J.A. [1] Before us is a motion by the applicant, Canadian National Railway Company, for an order granting leave to appeal decision 517-R-2003 of the Canadian Transportation Agency, dated September 10, 2003. [2] After reviewing the affidavit evidence of Judy Jones and Leonard Ng, and the written submissions put forward by the applicant and the respondents, I am satisfied that the matter raises a question of law which is fairly arguable (See Canadian Pacific Railway v. Canada (Transportation Agency), 2003 FCA 271, per Rothstein J.A. at 5). [3] Consequently, the applicant's motion for leave to appeal decision 517-R-2003 of the Canadian Transportation Agency, dated September 10, 2003, should be granted. "M. Nadon" J.A. "I agree. Marc Noël J.A." "I agree. J.D. Denis Pelletier J.A." FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: 03-A-45 STYLE OF CAUSE: CNR v. Regional Municipality of York et al. MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NADON J.A. CONCURRED IN BY: NOËL J.A. PELLETIER J.A. DATED: December 10, 2003 WRITTEN REPRESENTATIONS BY: Gilles B. Legault FOR THE APPLICANT Christine A. Zablocki FOR THE RESPONDENT (REGIONAL MUNICIPALITY OF YORK) SOLICITORS OF RECORD: Gilles B. Legault FOR THE APPLICANT Canadian National Railway Co. Montreal QC Christine A. Zablocki FOR THE RESPONDENT Regional Municipality of York (REGIONAL MUNICIPALITY OF YORK) Newmarket ON Gino Grondin FOR THE RESPONDENT Canadian Transportation Agency (CANADIAN TRANSPORTATION AGENCY) Ottawa ON