Canada Case Law

Canadian National Railway Company v. Canadian Transportation Agency et al.

Court

Federal Court of Appeal

The Agency did not err in law or jurisdiction: s.32 vests the Agency with discretion to determine, in its opinion, whether there has been a change in facts or circumstances; forecasting variances are an expected and integral feature of the Agency's predictive VRCPI methodology and do not, without more, constitute a cifoc warranting s.32 relief in light of the statutory scheme favoring predictability and the one-year lag adjustment mechanism; CN Rail's challenge was a factually and policy‑imbued attempt to revisit the Agency's regulatory methodology and was properly refused; appeals dismissed.

Source excerpt

• Section 32 cta (reconsideration)
• Vrcpi and mre determinations
• Procedural fairness
• Predictability and finality in regulation

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Air Canada v. Tannous

Court

Federal Court

The Federal Court granted judicial review of an Air Canada baggage-delay compensation order, finding the CRO’s reasons unreasonable and remitting the matter.

• Judicial review
• Standard of review (reasonableness)
• Jurisdiction of complaint resolution officer
• Baggage delay liability
• Liability caps (sdr)
• Remittal

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Louis Dreyfus Company Canada ULC v. Canadian National Railway Company

Court

Federal Court

Federal Court damages judgment under the Canada Transportation Act. The Court awarded lost profits and partial demurrage, but rejected reputational harm.

• Statutory service obligations
• Confidential contracts
• Damages quantification
• Lost profits
• Vessel demurrage
• Reputational harm

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Simard Westlink Inc. v. Office of the British Columbia Container Trucking Commissioner

Court

Supreme Court of British Columbia

The court dismissed a judicial review of the Container Trucking Commissioner’s reconsideration decision, finding the interpretation of off-dock rates and “container” was not patently unreasonable.

• Judicial review
• Standard of review - patent unreasonableness
• Container trucking act interpretation
• Definition of "container" and "facility"
• Rate‑setting and licensing
• Jurisdiction of administrative decision‑maker

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Canadian National Railway Company v. Canada (Attorney General)

Court

Federal Court

The Federal Court dismissed CN’s judicial review, upholding a TATC appeal decision that found CN had not proved due diligence for railway safety violations.

• Due diligence defence
• Strict liability
• Standard of review (reasonableness)
• Administrative monetary penalty
• Safety management systems
• Due-diligence-defence

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Air Passenger Rights v. WestJet Airlines Ltd.

Court

Supreme Court of British Columbia

The court held that air passenger compensation under the Passenger Regulation is a statutory entitlement, not a debt, and dismissed the petition for lack of standing and jurisdiction.

• Standing
• Assignment
• Tribunal jurisdiction
• Statutory interpretation
• Passenger regulation
• Montreal convention exclusivity

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Canadian National Railway Company v. Canada (Transportation Agency)

Court

Federal Court of Appeal

The Agency's exclusion of commercial market factors when setting interswitching rates was legally incorrect because section 112's requirement that rates be "commercially fair and reasonable to all parties," read in context with section 127.1 and the Act's purpose (s.5), requires the Agency to receive and consider market-based evidence; the Agency's decision was set aside and the matter remitted for redetermination, with costs to the appellant.

Source excerpt

• Interswitching rates
• Rates-setting under canada transportation act
• Commercial market factors
• Agency reason-giving
• Standard of review: correctness

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Maloshicky v. Medical Review Committee

Court

Federal Court

The Federal Court held it lacked jurisdiction to judicially review Manitoba’s Medical Review Committee, a provincial tribunal, and dismissed the application.

• Judicial review
• Jurisdiction
• Procedural fairness
• Administrative tribunals
• Driver licensing
• Judicial-review

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Uppal v. British Columbia (Container Trucking Commissioner)

Court

Supreme Court of British Columbia

The court dismissed a judicial review challenging 2024 container trucking licensing conditions that limited each independent operator to one tag and time-limited relief drivers.

• Judicial review
• Patent unreasonableness
• Licensing
• Container trucking
• Sponsorship agreements
• Legislative purpose

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Canadian National Railway Company v. Alberta Pacific Forest Industries Inc.

Court

Federal Court of Appeal

Scott remains binding: because section 40 of the Canada Transportation Act provides an adequate alternate remedy by way of petition to the Governor in Council and section 18.5 of the Federal Courts Act bars judicial review to the extent of such statutory appeals, this Court lacks jurisdiction to entertain CN's judicial review of the Agency's factual findings and the application is dismissed.

Source excerpt

• Judicial review
• Jurisdiction
• Adequate alternate remedy
• Governor in council appeals
• Privative clause
• Section 18.5 federal courts act

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