Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35145
Canadian National Railway Company, et al. v. Attorney General of Canada, et al.
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-05-28 | Appeal closed | |
| 2014-05-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-05-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-05-23 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Federal Court of Appeal, Numbers A-438-11 and A-440-11, 2012 FCA 278, dated November 2, 2012, heard on January 14, 2014, is dismissed with costs to the Attorney General of Canada and one set of costs to PRC and CITA. Dismissed, with costs |
|
| 2014-01-30 | Transcript received, (97 pages) | |
| 2014-01-14 | General proceeding, Questionnaire Following the Hearing - Sealing Order - Forrest C. Hume(Respondent - Peace River Coal Inc., et al.) | Peace River Coal Inc. |
| 2014-01-14 | General proceeding, Questionnaire Following the Hearing - Sealing Order - Sean Gaudet (Respondent - AG of Canada) | Attorney General of Canada |
| 2014-01-14 | General proceeding, Questionnaire Following the Hearing - Sealing Order - Nadia Effendi (Appellant) | Canadian National Railway Company |
| 2014-01-14 | Judgment reserved OR rendered with reasons to follow | |
| 2014-01-14 |
Hearing of the appeal, 2014-01-14, CJ LeB Abe Ro Cro Ka Wa Judgment reserved |
|
| 2014-01-14 |
Respondent's condensed book, (Book Form), A sealed copy of the Condensed Book was filed in Court and 2 redacted copies of the Condensed Book were filed as well as it contains confidential documents from the sealed record. |
Peace River Coal Inc. |
| 2014-01-14 |
Appellant's condensed book, (Book Form), Filed in Court |
Canadian National Railway Company |
| 2014-01-10 | Correspondence received from, Henry Brown, fax dated 01-10-2014, re.: Sealed information may be included in Condensed Book and may be referred to during the hearing. Suggesting that CPAC broadcast be delayed. | Peace River Coal Inc. |
| 2013-12-19 | Notice of appearance, Guy Pratte, Nadia Effendi and Éric Harvey will be present at the hearing. | Canadian National Railway Company |
| 2013-11-27 | Correspondence received from, 4 reserved seats requested | Peace River Coal Inc. |
| 2013-11-27 | Notice of appearance, Forrest Hume and Cynthia Millar will be present at the hearing. | Peace River Coal Inc. |
| 2013-11-22 | Correspondence received from, Peter Southey dated 2013-11-22 re: request for 4 reserved seats | Attorney General of Canada |
| 2013-11-22 | Notice of appearance, Sean Gaudet and Peter Southey will be present at the hearing. They will both make oral submissions. 2014-01-07 - Forrest Hume will also make oral submissions, each will present for 20 minutes. | Attorney General of Canada |
| 2013-11-21 | Notice of hearing sent to parties | |
| 2013-11-19 |
Appeal hearing scheduled, 2014-01-14 Judgment reserved |
|
| 2013-10-02 | Appeal perfected for hearing | |
| 2013-10-01 | Respondent's factum, (Book Form), Completed on: 2013-10-01 | Peace River Coal Inc. |
| 2013-09-30 | Respondent's book of authorities, (Book Form), Completed on: 2013-09-30 | Attorney General of Canada |
| 2013-09-30 | Respondent's factum, (Book Form), CD received, Completed on: 2013-09-30 | Attorney General of Canada |
| 2013-09-19 | Correspondence received from, Nadia Effendi, email dated 2013-09-19, re.: Exhibit J of the Apellant's Record unclear. | Canadian National Railway Company |
| 2013-08-06 | Appellant's book of authorities, Volumes I to IV, Completed on: 2013-08-06 | Canadian National Railway Company |
| 2013-08-06 | Appellant's record, Vol. II to V sealed (redacted copies filed), Completed on: 2013-08-06 | Canadian National Railway Company |
| 2013-08-06 | Appellant's factum, Completed on: 2013-08-06 | Canadian National Railway Company |
| 2013-07-19 | Correspondence received from, Forrest C. Hume by e-mail, re: response to the letter of the Registar of June 24, 2013 | Peace River Coal Inc. |
| 2013-06-24 | Correspondence (sent by the Court) to, all parties, dated June 24/13 re: conflict with judges | |
| 2013-05-13 | Notice of appeal, Completed on: 2013-05-13 | Canadian National Railway Company |
| 2013-04-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-04-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-04-12 | Judgment on leave sent to the parties | |
| 2013-04-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-438-11 and A-440-11, 2012 FCA 278, dated November 2, 2012, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-03-04 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-02-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-02-13 | Canadian National Railway Company |
| 2013-02-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-02-06 | Peace River Coal Inc. |
| 2013-02-05 | Book of authorities, (Book Form) | Attorney General of Canada |
| 2013-02-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-02-05 | Attorney General of Canada |
| 2012-12-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-12-21 | Book of authorities, (Book Form) | Canadian National Railway Company |
| 2012-12-21 | Application for leave to appeal, (Book Form), Vol. 1 to 3 - SEALED vol. 2 and 3 filed separatly + 2 redacted version of Vol. 2 and 3 fiiled, Completed on: 2012-12-21 | Canadian National Railway Company |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Canadian National Railway Company | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Peace River Coal Inc. | Respondent | Active |
| Canadian Industrial Transportation Association | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Canadian National Railway Company | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Peace River Coal Inc. | Respondent | Active |
| Canadian Industrial Transportation Association | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Canadian National Railway Company
Counsel
Éric Harvey
1000 rue de La Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (416) 350-2638
FAX: (514) 954-1905
Email: gpratte@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Attorney General of Canada
Counsel
Peter Nostbackken
Peter Southey
Sean Gaudet
Room 2266, East Memorial Building
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4857
FAX: (613) 954-1920
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Peace River Coal Inc.
Counsel
Cynthia A. Millar
666 Burrard Street
Suite 2800, Park Place
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 643-6405
FAX: (604) 605-3741
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Canadian Industrial Transportation Association
Counsel
Cynthia A. Millar
666 Burrard Street
Suite 2800, Park Place
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 643-6405
FAX: (604) 605-3741
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Transportation law - Railways - Rates and service charges - Governor in Council deciding decision by Canadian Transportation Agency that it had no jurisdiction to hear Peace River Coal Inc.’s complaint that CN’s fuel surcharge for transporting coal was unreasonable, was incorrect - Whether Governor in Council had authority under s. 40 of Canada Transportation Act, S.C. 1996, c. 10 to vary or rescind decisions of the Agency on questions of law and jurisdiction - Whether legal framework established in Dunsmuir v. New Brunswick, 2008 SCC 9 for the determination of standard of review applies to decisions of the Governor in Council
In January, 2008, Peace River Coal Inc. (“PRC”) and the Canadian National Railway Company (“CN”) entered into a confidential contract for the transportation of PRC’s coal until June, 2010. The contract stated that the base freight rates would be subject to “Fuel Surcharge Tariff CN 7402”. In April, 2008, CN implemented new fuel surcharge in Tariff CN 7403. CN advised its customers that confidential contracts subject to fuel surcharge CN 7402 would continue to apply until the contracts expired. PRC applied to the Canadian Transportation Agency (“CTA”) for an order establishing reasonable fuel surcharges under s. 120.1 of the Canada Transportation Act and asked that CN be required to vary its charges in CN 7402 to reflect the charges in CN 7403. CN moved to have the application dismissed.
Lower court rulings
Federal Court
2011 FC 1201, T-1104-10
CN’s application to quash Order-in-Council granted
Federal Court of Appeal
2012 FCA 278, A-438-11 and A-440-11
Respondents’ appeal allowed; Order-in-Council restored
Memorandums of argument on application for leave to appeal
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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