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.
42092
Canadian National Railway Company v. Alberta Pacific Forest Industries Inc.
(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) |
|---|---|---|
| 2026-04-21 | Motion to extend time, (Book Form), to serve and file the notice of intervention on the CQ, Completed on: 2026-04-22, (Printed version filed on 2026-04-21) | Attorney General of Canada |
| 2026-04-21 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2026-04-22, (Printed version filed on 2026-04-21) | Attorney General of Canada |
| 2026-04-20 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2026-04-20, (Printed version filed on 2026-04-20) | Attorney General of Ontario |
| 2026-04-20 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2026-04-20, (Printed version filed on 2026-04-22) | Attorney General of Saskatchewan |
| 2026-04-20 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2026-04-20, (Printed version filed on 2026-04-22) | Attorney General of Alberta |
| 2026-03-23 | Notice of constitutional question(s), (Letter Form), Completed on: 2026-03-31, (Printed version due on 2026-03-30) | Canadian National Railway Company |
| 2026-03-23 | Notice of appeal, (Letter Form), Amended version (Rec'd 2026-04-24), Completed on: 2026-03-23, (Printed version filed on 2026-03-23) | Canadian National Railway Company |
| 2026-02-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-02-19 | Judgment on leave sent to the parties | |
| 2026-02-19 |
Judgment of the Court on the application for leave to appeal, The motion to expedite is dismissed without costs. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-343-23, 2025 FCA 160, dated September 9, 2025, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2026-02-19 |
Decision on motion to expedite the application for leave to appeal, See decision on application Dismissed |
|
| 2026-01-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-01-12 | Submission of motion to expedite the application for leave to appeal, CJ Row Ob | |
| 2025-12-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-12-22, (Printed version filed on 2025-12-22) | Canadian National Railway Company |
| 2025-12-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-12-12, (Printed version filed on 2025-12-15) | Alberta Pacific Forest Industries Inc. |
| 2025-12-12 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-12-15) | Alberta Pacific Forest Industries Inc. |
| 2025-11-26 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-11-26) | Canadian National Railway Company |
| 2025-11-26 | Reply to motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2025-11-26, (Printed version filed on 2025-11-26) | Canadian National Railway Company |
| 2025-11-20 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-11-21) | Alberta Pacific Forest Industries Inc. |
| 2025-11-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-11-21) | Alberta Pacific Forest Industries Inc. |
| 2025-11-20 | Notice of name, (Letter Form), (Printed version filed on 2025-11-21) | Alberta Pacific Forest Industries Inc. |
| 2025-11-19 | Response to the motion to expedite the application for leave to appeal, (Book Form), Completed on: 2025-11-20, (Electronic version filed on 2025-11-20) | Alberta Pacific Forest Industries Inc. |
| 2025-11-12 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-11-10 | Motion to expedite the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2025-11-12, (Printed version filed on 2025-11-12) | Canadian National Railway Company |
| 2025-11-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-11-12) | Canadian National Railway Company |
| 2025-11-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-11-12) | Canadian National Railway Company |
| 2025-11-10 | Notice of name, (Letter Form), (Printed version filed on 2025-11-12) | Canadian National Railway Company |
| 2025-11-10 | Application for leave to appeal, (Book Form), Completed on: 2025-11-10, (Printed version filed on 2025-11-12) | 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 |
|---|---|---|
| Alberta Pacific Forest Industries Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Canadian National Railway Company
Counsel
Nadia Effendi
Teagan Markin
Bay Adelaide Centre, East Tower
3400-22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 700-6265
FAX: (514) 954-1905
Email: gpratte@blg.com
Party: Alberta Pacific Forest Industries Inc.
Counsel
Royal Centre
Suite 1500-1055 West Georgia Street
Vancouver, British Columbia
V6E 4N7
Telephone: (604) 691-7431
FAX: (604) 685-7084
Email: lucia.stuhldreier@mcmillan.ca
Party: Attorney General of Alberta
Counsel
Wendy-Anne Berkenbosch
9th Floor, Sterling Place, 9940 – 106 Street
Edmonton, Alberta
T5K 2N2
Telephone: (780) 644-5156
FAX: (780) 643-0852
Email: adam.ollenberger@gov.ab.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: lea.desjardins@gowlingwlg.com
Party: Attorney General of Saskatchewan
Counsel
Laura Mazenc
Constitutional Law Branch
820-1874 Scarth St.
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 270-5446
FAX: (306) 787-9111
Email: theodore.litowski@gov.sk.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Constitutional Law Branch
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 389-2604
Email: ryan.cookson@ontario.ca
Agent
50 O’Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Party: Attorney General of Canada
Counsel
John Provart
National Litigation Sector
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 407-9205
FAX: (416) 952-4518
Email: joseph.cheng@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Sector
50 O’Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (343) 574-6955
FAX: (613) 954-1920
Email: SCCAgentCorrespondentCSC@justice.gc.ca
Summary
Keywords
Courts — Jurisdiction — Administrative law — Judicial review — Canadian National Railway Company (“CN”) applying for judicial review seeking remedy relating to Canadian Transportation Agency (“Agency”) decision that CN failed to meet level of service obligations it owed to Alberta Pacific Forest Industries Inc. — Application for judicial review dismissed by Federal Court of Appeal for lack of jurisdiction — Whether s. 18.5 of Federal Courts Act, R.S.C. 1985, c. F-7, deprives Federal Court of Appeal of jurisdiction to hear application for judicial review from factual determinations of Agency under Canada Transportation Act, S.C. 1996, c. 10 (“CTA”) — Whether Governor in Council’s political oversight role under s. 40 of CTA means factual determinations of Agency may be “appealed” to Governor in Council — Whether a bar on judicial review in these circumstances would violate right to judicial review under Constitution Act, 1867.
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.
(SEALING ORDER)
The applicant, CN sought to judicially review the decision of the Agency, in which the Agency concluded that CN failed to meet the level of service obligations it owed to the respondent.
Under s. 41 of the CTA an appeal lies to the Federal Court of Appeal, with leave, from Agency decisions on “questions of law or jurisdiction”. CN did not seek leave to appeal the decision under s. 41 of the CTA but, rather, commenced a judicial review application to the Federal Court under s. 28 of the Federal Courts Act, R.S.C. 1985, c. F-7 (“FCA”).
The Federal Court of Appeal dismissed the application for judicial review.
Lower court rulings
Canadian Transportation Agency
22-30248, CONF-R-12-2023
Agency concluded that CN failed to meet the level of service obligations it owed to the respondent, Alberta Pacific Forest Industries Inc.
Application for judicial review dismissed.
Filed documents
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 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available