TRANSPORTATION
Appeal from decision by Canadian Transportation Agency (CTA) amounts recovered as performance penalties for failure to ship specified quantity of grain in crop year clawback of Industrial Development Fund (IDF) contributions—CTA holding amounts not performance penalties as not related to movement of grain, i.e. related to non-movement of grain—Per Pelletier J.A.: characterization of amounts as clawback unreasonable—(1) Connection between payment, contributions made is only small proportion of total of such amounts received—(2) No certainty payments would ever be made as due only upon failure to meet contractual obligations—(3) Only link between payments, IDF contributions in calculation of amount of penalty—Per Sexton J.A.: “movement” including obligation to provide quantities of grain for movement—Appeal allowed.
Canadian Pacific Railway Co. v. Canada (Transportation Agency) (A-160-06, 2007 FCA 240, Sexton and Pelletier JJ.A., judgment dated 14/6/07, 7 pp.)