Railways
Appeal from Canadian Transportation Agency’s (Agency) decision appellant not complying with transfer, discontinuance process set out in Part III, Division V of Canada Transportation Act, S.C. 1996, c. 10—Appellant listing discontinuance of line in three-year plan but advertised Notice of Discontinuance referring to portion thereof—Agency ruling when railway company revises interest in railway line according to s. 144(5) must restart discontinuance process—Act, s. 142(2) providing that railway company must state in plan intention to discontinue operating railway line 12 months before starting discontinuance process—Division V attempting to reconcile interests of railway companies, users of discontinued lines offered for sale—Prohibition in s. 142(2) to start discontinuance process applying not only when line discontinued but also, in light of definition of “railway lines”, when portion of railway line discontinued—Agency’s interpretation that discontinuance process, once engaged by advertisement in s. 143(1), governed by short, strict, mandatory timelimits reasonable—Appeal dismissed.
Canadian National Railway Co. v. Greenstone (Municipality) (A-541-07, 2008 FCA 395, Létourneau J.A., judgment dated December 12, 2008, 29 pp.)