Canadian Pacific Ltd. v. National Transportation Agency
A-81-89
Hugessen J.A.
22/12/92
17 pp.
Appeal and cross-appeal from decision of National Transportation Agency dismissing complaints against item 2135 of CP Tariff 6200 and approving item subject to important modifications -- Item dealing with "storage" charges -- Lawfulness of item as applied to transportation of grain under Western Grain Transportation Act (WGTA) only issue before Agency and on cross-appeal -- Whether proposed "storage" charges in item 2135 "rates . . . for movement of grain" under WGTA, s. 42 -- Issue settled by Canadian Pacific Ltd. et al. v. Canadian Transportation Commission et al., [1980] 1 S.C.R. 319 -- Issue in latter case legality of demurrage charges on flour shipped to east coast ports -- Demurrage charges part of rates for movement as defined in WGTA, s. 2 -- Proposed "storage" charges indistinguishable from demurrage -- "Movement" in WGTA, s. 2 "carriage", not completed until delivery -- "Movement" meaning whole process or series of actions by which grain moved from origin to destination and ending with "spotting" of rail cars for unloading -- Purpose of WGTA to provide single, subsidized statutory rate for grain moving east or west from prairies to port -- Scheme of rates imposed by WGTA intended to permit railways to recover all variable costs associated with "movement" of grain with additional 20% thereof to cover fixed costs -- Effect must be given to detailed statutory scheme devised by Parliament -- CP's Tariff item 2135 penalizing innocent to deter guilty, not in conformity with intention of Parliament as expressed in Part II of WGTA -- Appeal dismissed -- Cross-appeal allowed -- Western Grain Transportation Act, R.S.C., 1985, c. W-8, ss. 2, 34, 42, 44.