RAILWAYS |
Fafard v. Canadian National Railway Co.
A-374-01
2003 FCA 243, Létourneau J.A., Pelletier J.A. (concurring reasons)
3/6/03
20 p.
Appeal from Canadian Transportation Agency (Agency) decision authorizing private crossing to allow trucks to cross Canadian National Railway line and to enable applicants to access one of their properties adjoining track, but denying request to apportion costs of constructing and maintaining crossing under Railway Safety Act, s. 16 and ordering applicants to bear full cost, including cost of safety system incidental to but essential for existence and use of crossing-- Applicants challenging latter part of decision and asking Court to determine that s. 16 applying in circumstances and consequently, to order Agency to determine proportion of liability for costs of installing protection system at crossing-- Appeal dismissed--In this case, Canada Transportation Act, s. 103 applies: it covers situation, as herein, where person whose land adjoins railway line but not enclosed and other ways to access it, wants suitable crossing constructed across track--S. 103(3) providing that owner of land shall pay costs of constructing and maintaining crossing--Therefore, not possible to apply s. 16 or to order apportionment of costs as applicants would like--Pelletier J.A. (concurring reasons): only crossing that Agency could grant to appellants was crossing that conformed to prevailing standards, and precisely cost of that crossing that Act, s. 103(3) imposed on appellants --Apportionment under s. 16 therefore not issue--Railway Safety Act, R.S.C., 1985 (4th Supp.), c. 32, s. 16--Canada Transportation Act, S.C. 1996, c. 10, s. 103.