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.
36223
Canadian Pacific Railway Company v. Attorney General of Canada, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2016-01-25 | Appeal closed | |
2016-01-22 | Correspondence (sent by the Court) to, Parties - Letter from the Registrar, dated January 22, 2016: Volumes III and IV of the Joint Record in this matter returned to the appellant, pursuant to the Order dated September 15, 2015. | |
2016-01-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2016-01-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2016-01-15 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Federal Court of Appeal, Number 14-A-56, dated October 28, 2014, heard on December 9, 2015, is dismissed with costs to the Attorney General of Canada. Dismissed, with costs |
|
2015-12-22 | Transcript received, (105 pages) | |
2015-12-09 | Judgment reserved OR rendered with reasons to follow | |
2015-12-09 | General proceeding, Questionnaire following the hearing concerning the sealing order | Canadian Transportation Agency |
2015-12-09 | General proceeding, Questionnaire following the hearing concerning the sealing order | Attorney General of Canada |
2015-12-09 | General proceeding, Questionnaire following the hearing concerning the sealing order | Canadian Pacific Railway Company |
2015-12-09 | Intervener's condensed book, Submitted in Court (14 copies) | Railway Association of Canada |
2015-12-09 | Respondent's condensed book, Submitted in Court (14 copies) | Canadian Transportation Agency |
2015-12-09 | Respondent's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
2015-12-09 | Appellant's condensed book, Submitted in Court (14 copies) | Canadian Pacific Railway Company |
2015-12-09 |
Hearing of the appeal, 2015-12-09, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
2015-11-27 | Notice of appearance, Guy Pratte and Nadia Effendi will be present at the hearing. | Railway Association of Canada |
2015-11-26 | Appeal perfected for hearing | |
2015-11-26 |
Order by, Wa, FURTHER TO THE ORDER dated October 22, 2015, granting leave to intervene to the Railway Association of Canada; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
2015-11-25 | Reply factum on appeal, Completed on: 2015-11-25 | Attorney General of Canada |
2015-11-24 | Notice of appearance, Douglas Hodson and Kristen MacDonald will be present at the hearing. | Canadian Pacific Railway Company |
2015-11-24 | Notice of appearance, Valérie Lagacé will be present at the hearing. | Canadian Transportation Agency |
2015-11-23 | Correspondence received from, 4 reserved seats requested | Attorney General of Canada |
2015-11-23 | Notice of appearance, Mark Kindrachuk and Alexander Pless will be present at the hearing. | Attorney General of Canada |
2015-11-19 | Notice of name | Railway Association of Canada |
2015-11-18 | Intervener's book of authorities, (2 volumes), Completed on: 2015-11-18 | Railway Association of Canada |
2015-11-18 | Supplemental document, (3 volumes), Record, Completed on: 2015-11-18 | Railway Association of Canada |
2015-11-18 | Intervener's factum, Completed on: 2015-11-18 | Railway Association of Canada |
2015-10-22 | Order on motion for leave to intervene, (by JUSTICE WAGNER) | |
2015-10-22 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATION by the Railway Association of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before November 18, 2015. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The new evidence submitted in the motion to intervene is permitted to be filed. The intervener is not entitled to raise new issues, to adduce further evidence or to otherwise supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by its intervention. The respondent, the Attorney General of Canada, is permitted to serve and file a single factum not exceeding five (5) pages in reply to this intervention on or before November 25, 2015. Granted |
|
2015-10-22 | Submission of motion for leave to intervene, Wa | |
2015-10-21 | Respondent's book of authorities, (2 volumes), Completed on: 2015-10-21 | Attorney General of Canada |
2015-10-21 | Respondent's factum, Completed on: 2015-10-21 | Attorney General of Canada |
2015-10-21 | Respondent's book of authorities, (2 volumes), Completed on: 2015-10-21 | Canadian Transportation Agency |
2015-10-21 | Respondent's factum, Completed on: 2015-10-21 | Canadian Transportation Agency |
2015-10-08 | Reply to the motion for leave to intervene, Completed on: 2015-10-08, (Printed version filed on 2015-10-09) | Railway Association of Canada |
2015-10-05 | Response to the motion for leave to intervene, Completed on: 2015-10-05 | Canadian Transportation Agency |
2015-10-05 | Response to the motion for leave to intervene, Completed on: 2015-10-05 | Attorney General of Canada |
2015-09-25 | Response to the motion for leave to intervene, Completed on: 2015-09-25, (Printed version filed on 2015-09-29) | Canadian Pacific Railway Company |
2015-09-25 | Correspondence received from, Jeff Beedell rec'd by email re: Joint Record are entirely confidential, there will be no redacted versions. | Canadian Pacific Railway Company |
2015-09-23 | Supplemental document, Book of authorities on the motion, Completed on: 2015-09-23 | Railway Association of Canada |
2015-09-23 | Motion for leave to intervene, (3 volumes), Completed on: 2015-09-23 | Railway Association of Canada |
2015-09-16 | Notice of hearing sent to parties | |
2015-09-15 | Correspondence received from, (Letter Form), Gowlings re: no concerns in respect of any judges, (Electronic version filed on 2015-09-15) | Canadian Pacific Railway Company |
2015-09-15 | Order on motion to seal, (by THE REGISTRAR) | |
2015-09-15 |
Decision on motion to seal, Reg, UPON APPLICATION by the appellant for an order sealing Volumes III and IV of the joint record of the appellant and the respondents; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondents; IT IS HEREBY ORDERED THAT: The motion is granted. The sealed documents are to be returned to the appellant after the judgment on the appeal has been rendered. Granted |
|
2015-09-15 | Submission of motion to seal, Reg | |
2015-09-03 | Correspondence (sent by the Court) to, all parties re: conflicts | |
2015-08-26 | Appellant's book of authorities, Completed on: 2015-08-26 | Canadian Pacific Railway Company |
2015-08-26 | Appellant's factum, Completed on: 2015-08-26 | Canadian Pacific Railway Company |
2015-08-25 | Correspondence received from, Jeffrey Beedell dated 2015-08-25. Re: Volumes 3 & 4 is filed in sealed envelopes | Canadian Pacific Railway Company |
2015-08-25 | Certificate of counsel (attesting to record) | Canadian Pacific Railway Company |
2015-08-25 | Appellant's record, Joint - Volumes 3 & 4 are sealed (4 volumes), Completed on: 2015-08-25 | Canadian Pacific Railway Company |
2015-08-25 | Motion to seal, (Letter Form), Completed on: 2015-09-01, (Electronic version filed on 2015-08-25) | Canadian Pacific Railway Company |
2015-08-24 | Correspondence received from, (Letter Form), counsel from the AG of Canada re : new attorney on the file. | Attorney General of Canada |
2015-08-24 |
Appeal hearing scheduled, 2015-12-09 Judgment reserved |
|
2015-06-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2015-06-03 | Notice of appeal, Completed on: 2015-06-03 | Canadian Pacific Railway Company |
2015-05-20 | Transcript received, 22 pages (oral hearing of the application for leave to appeal) | |
2015-05-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2015-05-12 | Judgment on leave sent to the parties | |
2015-05-11 |
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, Number 14-A-56, dated October 28, 2014, is granted. Granted |
|
2015-05-11 | Hearing of the application for leave to appeal, 2015-05-11, CJ Wa Ga | |
2015-05-11 | Supplemental document, (Book Form), filed in Court - respondent's condensed book on application for leave to appeal | Attorney General of Canada |
2015-05-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-05-07, (Printed version filed on 2015-05-07) | Attorney General of Canada |
2015-05-07 | Certificate (on limitations to public access), (Printed version due on 2015-05-14) | Attorney General of Canada |
2015-05-06 | Order on motion to extend time, (by the DEPUTY REGISTRAR) | |
2015-05-06 |
Decision on motion to extend time, DeRg, UPON APPLICATION by the respondent, the Attorney General of Canada, for an extension of time to serve and file a brief written response to the application for leave to appeal to May 7, 2015; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The Attorney General of Canada shall serve and file a written response to the application for leave to appeal not to exceed ten (10) pages in length on or before May 7, 2015. Given that the oral hearing is scheduled for May 11, 2015, submissions on a reply to the response to the application for leave to appeal shall be made at the oral hearing. Granted |
|
2015-05-06 | Submission of motion to extend time, DeRg | |
2015-05-05 | Correspondence received from, Canadian Transportation Agency - Valérie Lagacé will be present at the hearing. | Canadian Transportation Agency |
2015-05-05 | Correspondence received from, Respondent, AG of Canada - Mr. Rupar will appear on behlaf of the Attorney General of Canada. | Attorney General of Canada |
2015-05-05 | Correspondence received from, Applicant, re: Mr. Douglas C. Hodson, Q.C and Ms. Kristen MacDonald will be present at the hearing. | Canadian Pacific Railway Company |
2015-05-05 | Response to motion to extend time, (Letter Form), Completed on: 2015-05-05 | Canadian Pacific Railway Company |
2015-05-04 | Motion to extend time, (Book Form), Completed on: 2015-05-04 | Attorney General of Canada |
2015-05-01 | Notice of hearing sent to parties | |
2015-04-30 | Correspondence received from, (Letter Form), Respondent, Canadian Transportation Agency, re: will attend the hearing scheduled for May 11th, 2015. | Canadian Transportation Agency |
2015-04-27 | Correspondence received from, (Letter Form), Respondent, re- requesting an ext. of time to serve and file a factum by May 6, 2015 | Attorney General of Canada |
2015-04-23 | Correspondence (sent by the Court) to, all parties to the application for leave to appeal. Letter advising that the Court has ordered an oral hearing on the application for leave to appeal and that the hearing is set to take place May 11, 2015. | |
2015-04-23 | Appeal hearing scheduled, 2015-05-11, (ORAL HEARING FOR APPLICATION ON LEAVE TO APPEAL) | |
2015-04-23 |
Order by, CJ Wa Ga, An oral hearing of the application for leave to appeal is ordered in accordance with s. 43(1)(c) of the Supreme Court Act. The hearing date will be fixed by the Registrar. Oral hearing ordered |
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2015-03-09 | All materials on application for leave submitted to the Judges, 2015-05-11, CJ Wa Ga | |
2015-02-05 | Respondent's response on the application for leave to appeal, (Letter Form), will not participate in the application for leave to appeal process but may reconsider if leave is granted., Completed on: 2015-02-05 | Canadian Transportation Agency |
2015-01-12 | Respondent's response on the application for leave to appeal, (Letter Form), will not participate in the application for leave to appeal process but may reconsider if leave is granted., Completed on: 2015-01-12 | Attorney General of Canada |
2014-12-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
2014-12-23 | Certificate (on limitations to public access) | Canadian Pacific Railway Company |
2014-12-23 | Notice of name | Canadian Pacific Railway Company |
2014-12-23 | Application for leave to appeal, Completed on: 2014-12-23, (Electronic version filed on 2014-12-23) | Canadian Pacific 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 Pacific Railway Company | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Attorney General of Canada | Respondent | Active |
Canadian Transportation Agency | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Railway Association of Canada | Intervener | Active |
Counsel
Party: Canadian Pacific Railway Company
Counsel
Kristen A. MacDonald
1500, 410 - 22nd Street East
Saskatoon, Saskatchewan
S7K 5T6
Telephone: (306) 975-7100
FAX: (306) 975-7145
Email: dhodson@mlt.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Sara Gauthier Campbell
Alexander Pless
123 - 2nd Ave. S.
10th Floor
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 975-4765
FAX: (306) 975-6240
Email: mark.kindrachuk@justice.gc.ca
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: Canadian Transportation Agency
Counsel
15 Eddy Street, 19th Floor
Gatineau, Quebec
K1A 0N9
Telephone: (819) 953-5510
FAX: (819) 953-9269
Email: valerie.lagace@cta-otc.gc.ca
Party: Railway Association of Canada
Counsel
40 King Street West
44th Floor
Toronto, Ontario
M5H 3Y4
Telephone: (416) 350-2638
FAX: (416) 361-7307
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
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.
Administrative law - Canadian Transportation Agency - Independence of Agency - Fettering of discretion to pass regulations - Whether administrative bodies must be free from interference from the executive branch of government when exercising legislative as opposed to judicial functions - If so, the extent to which they must be free from interference in exercising those functions.
In 2014, the federal government passed Bill C-30, which became the Fair Rail for Grain Farmers Act. CP says that the proponents of Bill C-30 made numerous public pronouncements indicating that the government intended the Agency to use its expanded regulation-making power to increase the 30 km interswitching distance to 160 km for all commodities in the Prairie Provinces. (“Interswitching” is a service whereby one railway company picks up a shipper’s traffic at the shipper’s siding facility and transports it to an interchange point with a second railway company. The traffic is transferred to the tracks of the second railway company, and the line haul is completed.) CP alleges that Bill C-30 actually continued or extended the Agency’s discretion to make regulations. It says that the Agency then made regulations echoing the Government’s stated intentions without engaging in an independent assessment of the need for or efficacy of extending the interswitching distance limit, or forming an opinion on what would have been an appropriate distance, or whether that distance ought to apply to all regions or all commodities. CP also says that the Agency did not consult any affected parties on these issues. The amendments also prescribed the rate to be paid to the railway company for interswitching. In so amending the regulation, the Agency stated that it was required to prescribe new regulations to extend the interswitching distance from 30 km to 160 km for all commodities in the Prairie Provinces.
The Federal Court of Appeal dismissed CP’s leave to appeal the Extended Interswitching Regulations pursuant to s. 41 of the Canada Transportation Act, S.C. 1996, c. 10, without reasons.
Lower court rulings
Canadian Transportation Agency
See file
Federal Court of Appeal
14-A-56
Motion for leave to appeal Regulations Amending the Railway Interswitching Regulations, SOR/2014-193, under s. 41 of the Canada Transportation Act, S.C. 1996, c. 10, dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum by filing 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.
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Related links
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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