Canadian National Railway Co. v. Canada

Canadian National Railway Co. v. Canada

The court held that British Columbia must file a notice of appeal, not a notice of cross-appeal, to preserve its third party claim against CP because CP are not parties to the appeal; an extension of time was warranted based on analogous reasoning in Dow Corning, and the time for filing was extended to 15 days from pronouncement of the decision.

Citation
2003 BCCA 676
Parties
Appellant / Plaintiff: Canadian National Railway Company; Respondent / Defendant: Her Majesty the Queen in Right of Canada; Respondent / Defendant (applicant in Chambers): Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Transportation and Highways
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
8 December 2003
Procedural Posture
Civil Tort Appeal / In Chambers Application for Directions on Filing Notice of Appeal/cross Appeal and Extension of Time
Outcome
Application granted in part: extension of time granted and direction given that British Columbia must file a notice of appeal (not a cross-appeal) to preserve its third party claim.
Legal Topics
Third Party Proceedings, Extension of Time, Notice of Appeal Vs Cross Appeal, Causation
Source Language
English
Civil Procedure Torts Appeal and Review Third Party Proceedings Extension of Time Notice of Appeal Vs Cross Appeal Causation

Case Brief

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Parties

Canadian National Railway Company

Appellant / Plaintiff

Her Majesty the Queen in Right of Canada

Respondent / Defendant

Her Majesty the Queen in Right of the Province of British Columbia as represented by the Minister of Transportation and Highways

Respondent / Defendant (applicant in Chambers)

Procedural Posture

Civil Tort Appeal / In Chambers Application for Directions on Filing Notice of Appeal/cross Appeal and Extension of Time

Legal Issues

  1. 1 Whether British Columbia should file a notice of appeal or a notice of cross-appeal to preserve its third party claim against Canadian Pacific Railway
  2. 2 Whether an extension of time should be granted for filing the appropriate appellate document
  3. 3 Whether the concept of a cross-appeal applies only between persons who are parties to the appeal

Ratio Decidendi

The court held that British Columbia must file a notice of appeal, not a notice of cross-appeal, to preserve its third party claim against CP because CP are not parties to the appeal; an extension of time was warranted based on analogous reasoning in Dow Corning, and the time for filing was extended to 15 days from pronouncement of the decision.

Court Disposition

Application granted in part: extension of time granted and direction given that British Columbia must file a notice of appeal (not a cross-appeal) to preserve its third party claim.

Orders

  • Time for filing a notice of appeal by British Columbia extended to 15 days from the pronouncement of this decision
  • British Columbia directed to file a notice of appeal (not a notice of cross-appeal) to preserve its third party claim against Canadian Pacific Railway and Messrs. Boux and Young