TRANSPORTATION
Appeals from decisions of Canadian Transportation Agency relating to implementation of An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, S.C. 2007, c. 19, s. 57— S. 57 providing for “once only” adjustment to volume-related composite price index, an important component of Canada Transportation Act, S.C. 1996, c. 10, s. 151 formula providing “revenue cap” on revenues Canadian National Railway Company, Canadian Pacific Railway Company permitted to earn from transportation of Western grain—Interpretation of “once only” requirement in s. 57 as permitting two-stage process (i.e. interim, final decision) consistent with broad mandate of Agency to consider wide range of constituencies, including producers, shippers—This approach balancing needs of those expecting freight rate relief on timely basis against rights of railways (providers of relief) to have opportunity to make full, complete representations—Appeals dismissed.
Canadian National Railway Co. v. Canada (Transportation Agency) (A-546-07, A-250-08, A-42-08, A-225-08, A-224-08, A-400-08, 2008 FCA 363, Ryer J.A., judgment dated November 24, 2008, 36 pp.)