TRANSPORTATION |
Canadian National Railway Co. v. Moffatt
A-385-98
2001 FCA 281, Rothstein J.A.
24/9/01
4 pp.
Appeal from Canadian Transportation Agency final offer arbitration under Canada Transportation Act--Issues whether final offer arbitration involving carriage of goods by railways, restricted to rail portion of movements where total movements involve other modes of transport; whether final offer made by shipper herein complying with Act, s. 161(2)(c) in that it constituted undertaking by shipper to ship goods to which arbitration relating--Appeal dismissed--Movements herein from Toronto or Montréal to St. John's or Cornerbrook in containers, by road, water and rail--Negotiations between appellant, shipper always on basis of through movement from door-to-door, basis upon which appellant quoted rate offers--To extent necessary, appellant would subcontract with water or highway carriers for portions of through movement not covered by rail transportation--Had it been Parliament's intent to restrict final offer arbitration to rail portion of movement involving other modes as well as rail, would have been simple matter to have used language to that effect--Use of expansive language in Act implying that as long as carriage of goods by railway forming part of movement, final offer arbitration may be invoked with respect to entire movement--Nothing in Act, s. 159(1)(b) that would limit access to final offer arbitration to rail portion of through movements only--Would be incongruous for final offer and last offer to cover through movement, be referred for final offer arbitration, but then arbitrator be restricted only to consider rail portion of movement--Canada Transportation Act, S.C. 1996, c. 10, ss. 159(1)(b), 161(2)(c).