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The Federal Court held Brink’s did not make a special declaration of interest or pay a supplementary sum under Article 22(3) of the Montreal Convention.
The Federal Court dismissed CN’s judicial review, holding the Tribunal reasonably rejected its due diligence defence because CN lacked contemporaneous, subdivision-specific evidence.
The Federal Court allowed Louis Dreyfus Company to file and serve a reply expert report, finding it was responsive, not case-splitting, and not prejudicial.
The application judge’s discretionary denial of sweeping declaratory and injunctive relief was upheld: Halton failed to establish a sufficient fact-specific record showing live controversies for the majority of the listed local laws; for three bylaws the judge correctly applied interjurisdictional immunity because the permitting regime required official plan amendments granting municipalities broad discretion (and lengthy delay) that would substantially impair the core federal power to locate, construct and operate an interprovincial railway undertaking; appeal dismissed and leave to appeal t…
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On costs in a public-highway dispute, the Court held the defendants’ decision to litigate was not unreasonable and ordered each party to bear their own costs.
The appeal is allowed because the Federal Court breached procedural fairness by raising and resolving liability under the Quebec Civil Code without sufficient particularity or notice to permit informed submissions on private international law and the interaction with federal transport statutes; the judgment against CSXT is set aside and a new trial ordered on CSXT's liability before another Federal Court judge.
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The court dismissed a judicial review of the 2020 container trucking licensing process, finding the Commissioner acted within statutory authority and fairly considered efficiency and compliance data.
The Federal Court dismissed a judicial review of Transport Canada’s class C safe manning decision for BC Ferries’ Island Class vessels, finding the five-person minimum complement reasonable.
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 Court dismissed the appeal because the Board's factual findings that there is excess equipment capacity and that approving the applications would negatively impact existing carriers were supported by evidence, and appeals are limited to questions of law or jurisdiction; no error of law was identified.
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