INJUNCTIONS |
Canadian Pacific Railway Co. v. Canada (Transportation Agency)
A-546-04
2004 FCA 347, Pelletier J.A.
15/10/04
10 pp.
Motion for stay of proceedings and interlocutory injunction--Elk Valley Coal Corporation, Canadian Pacific Railway Company (CPR) entered into confidential contract re: transportation of coal from Elkview mine--Contract expired, but CPR argued Elk Valley bound by other confidential contract--Following failure of negotiations for new agreement re: Elkview coal, Elk Valley submitted matter to Canadian Transportation Agency (CTA) for final offer arbitration--CPR seeking stay of proceedings before CTA, order enjoining CTA from referring matter to arbitration and Elk Valley from proceeding with arbitration--Application of three-pronged test for granting of stay: RJR--MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311--CPR arguing serious question to be tried whether Elk Valley bound by confidential contract, and thus precluded from seeking final offer arbitration--Number of difficulties with CPR's position--However, low threshold for first criteria, met in this case--Cost of arbitration process not irreparable harm-- Publication of rates awarded in arbitration in tariff also not irreparable harm given Elk Valley's undertaking not to require publication until application decided by CTA--As to disclosure of confidential commercial information, here, unlike in access to information litigation, disclosure incidental issue, not necessarily irreparable harm--Affidavit filed in support of motion not indicating nature of information disclosure of which prejudicial--If CPR correct and confidential contract in force, no evidence information still sufficiently relevant in 2007 when contract up for renewal so as to embarrass CPR in renewal negotiations--Irreparable harm not demonstrated--Not necessary to address balance of convenience--Motion dismissed.