Souris Valley No. 7 (Rural Municipality) v. Canadian Pacific Railway Company
The Court set aside the part of the Canadian Transportation Agency's decision dismissing the appellant's claim for levelling costs and remanded the matter to the Agency to determine (a) whether those costs are relevant under s.145, (b) whether their award is justified on the facts and circumstances, and (c) the...
Source-derived case information.
- Citation
- 2010 FCA 81
- Parties
- Appellant: The Rural Municipality of Souris Valley No. 7; Respondent: Canadian Pacific Railway Company
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 19 March 2010
- Procedural Posture
- Appeal to Federal Court of Appeal / Judgment (reasons for Judgment)
- Outcome
- Appeal allowed in part; part of the Agency's decision set aside and matter remanded to the Agency
- Legal Topics
- Costs Award, Statutory Interpretation, Remand to Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Rural Municipality of Souris Valley No. 7
Appellant
Canadian Pacific Railway Company
Respondent
Procedural Posture
Appeal to Federal Court of Appeal / Judgment (reasons for Judgment)
Legal Issues
- 1 Whether levelling costs of the rights-of-way are relevant to the determination of the NSV pursuant to section 145 of the Act
- 2 Whether an award of those levelling costs is justified on the facts and circumstances of the case
- 3 If justified, the quantum of any award
Ratio Decidendi
The Court set aside the part of the Canadian Transportation Agency's decision dismissing the appellant's claim for levelling costs and remanded the matter to the Agency to determine (a) whether those costs are relevant under s.145, (b) whether their award is justified on the facts and circumstances, and (c) the amount to be awarded; no costs to or against the Agency.
Court Disposition
Appeal allowed in part; part of the Agency's decision set aside and matter remanded to the Agency
Orders
- Allow the appeal with one set of costs
- Set aside the part of the Canadian Transportation Agency's decision that dismissed the appellant's claim for levelling costs
Full Case Text
Judgment text and source record
1 paragraphs
Souris Valley No. 7 (Rural Municipality) v. Canadian Pacific Railway Company Court (s) Database Federal Court of Appeal Decisions Date 2010-03-19 Neutral citation 2010 FCA 81 File numbers A-509-08 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20100319 Dockets: A-509-08 A-507-08 Citation: 2010 FCA 81 CORAM: LÉTOURNEAU J.A. NADON J.A. DAWSON J.A. BETWEEN: A-509-08 THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7 Appellant and CANADIAN PACIFIC RAILWAY COMPANY Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A-507-08 THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7 Appellant and CANADIAN PACIFIC RAILWAY COMPANY Respondent Heard at Regina, Saskatchewan, on February 18, 2010. Judgment delivered at Ottawa, Ontario, on March 19, 2010. REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: NADON J.A. DAWSON J.A. Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20100319 Dockets: A-509-08 A-507-08 Citation: 2010 FCA 81 CORAM: LÉTOURNEAU J.A. NADON J.A. DAWSON J.A. BETWEEN: A-509-08 THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7 Appellant and CANADIAN PACIFIC RAILWAY COMPANY Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A-507-08 THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7 Appellant and CANADIAN PACIFIC RAILWAY COMPANY Respondent REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] For the reasons given in files A-508-08, A-506-08 and A-561-08, I would allow the appeal with one set of costs and set aside the part of the Canadian Transportation Agency’s (Agency) decision which dismisses the appellant’s claim for costs of the levelling of the rights-of-way of the line is set aside. The matter is referred back to the Agency to determine: a) if, in the present instance, the above costs are relevant to the determination of the NSV pursuant to section 145 of the Act; b) if so, whether their award is justified on the facts and circumstances of this case; and c) if so, the amount that should be awarded. [2] I would allow no costs to or against the Agency. “Gilles Létourneau” J.A. “I agree M. Nadon J.A.” “I agree Eleanor R. Dawson J.A.” FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-509-08 STYLE OF CAUSE: THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7 v. CANADIAN PACIFIC RAILWAY COMPANY PLACE OF HEARING: Regina, Saskatchewan DATE OF HEARING: February 18, 2010 REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: NADON J.A. DAWSON J.A. DATED: March 19, 2010 APPEARANCES: Lucia M. Stuhldreier FOR THE APPELLANT Glen H. Poelman Ryan C. Penner FOR THE RESPONDENT SOLICITORS OF RECORD: Aikins, MacAulay & Thorvaldson LLP Winnipeg, Manitoba FOR THE APPELLANT MacLeod Dixon LLP Calgary, Alberta FOR THE RESPONDENT FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-507-08 STYLE OF CAUSE: THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7 v. CANADIAN PACIFIC RAILWAY COMPANY PLACE OF HEARING: Regina, Saskatchewan DATE OF HEARING: February 18, 2010 REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: NADON J.A. DAWSON J.A. DATED: March 19, 2010 APPEARANCES: Lucia M. Stuhldreier FOR THE APPELLANT Glen H. Poelman Ryan C. Penner FOR THE RESPONDENT SOLICITORS OF RECORD: Aikins, MacAulay & Thorvaldson LLP Winnipeg, Manitoba FOR THE APPELLANT MacLeod Dixon LLP Calgary, Alberta FOR THE RESPONDENT