[2011] 3 F.C.R. D-13
Transportation
Judicial review of arbitrator’s decision, rendered in accordance with Final Offer Arbitration (FOA) provisions in Canada Transportation Act, S.C. 1996, c. 10, choosing final offer submitted by respondent—Applicant railway under federal jurisdiction whose main traffic iron ore—Respondent mining company needing to ship iron ore on applicant—Parties unable to agree on rates, conditions of carriage—Applicant submitting mandatory statutory process under Act governing FOA conduct violating Canadian Bill of Rights, S.C. 1960, c. 44, s. 2(e) in that FOA depriving applicant of fair hearing in accordance with principles of fundamental justice—In particular, arguing timeframes set out in Act not allowing it to properly respond to case levelled thereagainst by respondent—Prescribed statutory process leading to FOA decision, i.e. selection by arbitrator of either shipper’s or carrier’s final offer on rates, conditions of carriage, not incompatible with Bill of Rights, s. 2(e)—Prescribed procedure sufficient to ensure fair hearing in accordance with principles of fundamental justice, located at high end of requirements of procedural fairness—Short time frames not preventing parties from fully advancing case, knowing case having to be met—Act, s. 165 providing that no reasons shall be set out in arbitrator’s decision unless requested by all parties—Canadian National Railway Company v. Western Canadian Coal Corporation, 2007 FC 371 (Western) holding that absence of reasons for arbitrator’s decision in FOA context not violating Bill of Rights, s. 2(e)—Court in substantial agreement with analysis in Western, sharing reasoning therein that because of FOA’s unique characteristics, fairness not compelling written reasons unless all parties requesting reasons—Application dismissed.
Quebec North Shore & Labrador Railway Company, Inc. v. New Millennium Capital Corp. (T-1131-10, 2011 FC 765, Lemieux J., judgment dated June 23, 2011, 38 pp.)