Montréal (City) v. Canadian Pacific Railway

Montréal (City) v. Canadian Pacific Railway Court (s) Database Federal Court of Appeal Decisions Date 2003-02-27 Neutral citation 2003 FCA 105 File numbers A-608-01 Decision Content Date: 20030227 Docket: A-608-01 Neutral Citation: 2003 FCA 105 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: CITY OF MONTRÉAL Applicant and CANADIAN PACIFIC RAILWAY Respondent and CANADIAN TRANSPORTATION AGENCY Intervener Hearing held at Montréal, Quebec, February 27, 2003. Judgment delivered from the bench at Montréal, Quebec, February 27, 2003. REASONS FOR JUDGMENT OF THE COURT: NADON J.A. Date: 20030227 Docket: A-608-01 Neutral Citation: 2003 FCA 105 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: CITY OF MONTRÉAL Applicant and CANADIAN PACIFIC RAILWAY Respondent and CANADIAN TRANSPORTATION AGENCY Intervener REASONS FOR JUDGMENT OF THE COURT (Pronounced from the bench at Montréal, Quebec, February 27, 2003.) NADON J.A. [1] On the basis of section 41 of the Canada Transportation Act, S.C. 1996, c. 10 (the Act) and section 18.5 of the Federal Court Act, we are of the opinion that this Court does not have jurisdiction to hear the applicant's application for judicial review. [2] The applicant had to comply with section 41 of the Act and obtain, as provided by subsection 41(1), leave of this Court to file a notice of appeal and, upon obtaining leave, to file its notice of appeal within the period prescribed in subsection 41(2). [3] Pursuant to paragraph 52(a) of the Federal Court Act, the application for judicial review will therefore by quashed for lack of jurisdiction in this Court. Since this question was raised by the Court on its own initiative, there will be no order as to costs. "Marc Nadon" J.A. Certified true translation Suzanne Gauthier, C. Tr., LL.L FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20030227 Docket: A-608-01 Between: CITY OF MONTRÉAL Applicant and CANADIAN PACIFIC RAILWAY Respondent and CANADIAN TRANSPORTATION AGENCY Intervener REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-608-01 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. STYLE: CITY OF MONTRÉAL Applicant and CANADIAN PACIFIC RAILWAY Respondent and CANADIAN TRANSPORTATION AGENCY Intervener PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 27, 2003 REASONS FOR JUDGMENT OF THE COURT: NADON J.A. DATED: February 27, 2003 APPEARANCES: Paule Biron FOR THE APPLICANT Raphaël Lescop FOR THE RESPONDENT Claude Delmar FOR THE INTERVENER SOLICITORS OF RECORD: Jalbert, Séguin, Verdon, Caron, Mahoney Montréal, Quebec FOR THE APPLICANT Fasken Martineau DuMoulin Montréal, Quebec FOR THE RESPONDENT Canadian Transportation Agency Hull, Quebec FOR THE INTERVENER FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20030227 Docket: A-608-01 Between: CITY OF MONTRÉAL Applicant and CANADIAN PACIFIC RAILWAY Respondent and CANADIAN TRANSPORTATION AGENCY Intervener __________________________________________ REASONS FOR JUDGMENT OF THE COURT __________________________________________