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Federal Court dismissed an appeal from an associate judge’s Rule 317/318 order and upheld disclosure of DRPR materials in a judicial review record.
The Federal Court dismissed CN’s judicial review of a TATC appeal decision upholding liability for a Rule 439 stop-signal violation and finding CN lacked due diligence.
The appeal is dismissed: the Agency did not breach procedural fairness because own-motion investigations are systemic and incremental, CN was given notice of the issues and multiple opportunities to respond, CN’s bias allegations were unfounded and untimely, and the Agency reasonably inferred that CN’s premature announcement and use of embargoes on pulp shipments breached its level of service obligations; the Agency’s orders under s.116(4) were within its statutory authority.
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The appeal was allowed because the Agency failed to apply proper principles of statutory interpretation in construing ss.111 and 127 of the Canada Transportation Act and provided insufficient analysis; given the standard of correctness post‑Vavilov and the absence of full argument on that basis, the Court set aside the decision and remitted the matter to the Agency for redetermination rather than substituting its own interpretation.
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The Federal Court erred in finding the arbitrator unreasonable; the arbitrator reasonably considered the mandatory factors in s.169.37, made open factual findings about demand and operational capacity, and permissibly declined to adopt CN’s rationing methodology in favour of performance standards and a force majeure clause; the appeal is allowed and the judicial review application dismissed with costs.
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The Federal Court of Appeal dismissed the appeals: the Agency did not breach procedural fairness, res judicata did not apply because the earlier proceeding did not decide the issue, and the Agency's interpretation and application of paragraph 113(1)(a) and ss.113-116 of the Canada Transportation Act was reasonable and within its remedial powers; costs of $3,000 awarded to Emerson in A-286-16.
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The appeal is dismissed with costs because the Agency's interpretation and application of s.113(1) under its evaluation approach was reasonable on the evidentiary record; subsection 41(1) allows appeals on extricable legal questions (including procedural fairness), but CN did not show the Agency misinterpreted the statute or reached an unreasonable result.
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The Agency unreasonably treated CN’s commercial rationing methodology and communicated Percentage Shares as a binding commitment akin to a s.113(4) confidential contract, and thereby failed to apply the Patchett reasonableness inquiry required by ss.113-116; the Agency's preliminary and final decisions finding breach were set aside and the matters remitted for reconsideration consistent with the correct legal test.
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The Supreme Court dismissed Canadian Pacific’s challenge to amended interswitching regulations, holding the company failed to rebut the presumption that the Agency acted properly.
The appeal was allowed and the Agency's decision set aside and remitted because the Agency failed to consider whether Wilkinson had the correlative obligation (under Patchett) to ensure or inquire about CN's legal access to the spur; the record lacked sufficient evidence on that issue and required reconsideration by the Agency.
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