Case information
Consult our database for details on a Supreme Court of Canada case.
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) |
|---|---|---|
| 2026-09-16 | Reply factum on appeal, (Book Form), Incomplete, (Printed version due on 2026-09-23) | Canadian National Railway Company |
| 2026-09-10 | Order on motion to extend time, by JUSTICE KARAKATSANIS | |
| 2026-09-10 |
Decision on motion to extend time, Ka, UPON APPLICATION by the respondent for an extension of time to serve and file an amended factum; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The appellant is granted permission to serve and file an amended factum on or before September 18, 2026. Granted |
|
| 2026-09-10 | Submission of motion to extend time, Ka | |
| 2026-09-04 | Response to motion to extend time, (Letter Form), Completed on: 2026-09-08, (Printed version filed on 2026-09-08) | Canadian National Railway Company |
| 2026-09-04 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2026-09-09) | Alberta Pacific Forest Industries Inc. |
| 2026-09-04 | Motion to extend time, (Book Form), to serve and file an amended factum , Completed on: 2026-09-04, (Printed version filed on 2026-09-09) | Alberta Pacific Forest Industries Inc. |
| 2026-09-03 | Correspondence received from, (Letter Form), (Printed version due on 2026-09-11) | Canadian National Railway Company |
| 2026-09-02 | Intervener's book of authorities, (Book Form), Completed on: 2026-09-11, (Printed version filed on 2026-09-04) | Canadian Telecommunications Association |
| 2026-09-02 | Intervener's factum, (Book Form), Completed on: 2026-09-11, (Printed version filed on 2026-09-04) | Canadian Telecommunications Association |
| 2026-09-02 | Intervener's factum, (Book Form), Completed on: 2026-09-11, (Printed version filed on 2026-09-02) | Attorney General of Saskatchewan |
| 2026-09-01 | Intervener's book of authorities, (Book Form), Completed on: 2026-09-11, (Printed version filed on 2026-09-04) | Attorney General of Canada |
| 2026-09-01 | Intervener's factum, (Book Form), Completed on: 2026-09-11, (Printed version filed on 2026-09-04) | Attorney General of Canada |
| 2026-08-28 | Certificate (on limitations to public access), (Letter Form), 23B- amended factum , (Printed version filed on 2026-09-02) | Alberta Pacific Forest Industries Inc. |
| 2026-08-27 | Correspondence received from, (Letter Form), Notice of withdrawal of intervention, (Printed version due on 2026-09-03) | Attorney General of Ontario |
| 2026-08-11 | Correspondence received from, (Letter Form), Notice of withdrawal of intervention, (Printed version filed on 2026-08-14) | Attorney General of Alberta |
| 2026-08-10 |
Notice of appearance, (Letter Form), Lawrence David and Gjerji Hasa will appear before the Court. Lawrence David will present oral argument. , (Printed version due on 2026-08-17) |
Association québécoise des avocats et avocates en droit de l'immigration |
| 2026-08-06 | Order on motion to extend time to serve and/or file notice of appeal, By JUSTICE O'BONSAWIN | |
| 2026-08-06 |
Decision on motion to extend time to serve and/or file notice of appeal, Ob, UPON APPLICATION by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Saskatchewan and the Attorney General of Alberta, for an order extending the time to serve and file their factum from August 10, 2026, to September 2, 2026; AND UPON this Court’s order dated July 22, 2026, granting leave to interverne to two (2) additional interveners under Rule 55. The Rule 55 interveners must file their factums on September 2, 2026. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for extension of time are granted. The four (4) interveners shall serve and file their factum on September 2, 2026. Judgment accordingly |
|
| 2026-08-06 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Ob | |
| 2026-07-30 | Motion to extend time, (Book Form), Completed on: 2026-07-31 | Attorney General of Canada |
| 2026-07-29 | Motion to extend time, (Book Form), Completed on: 2026-07-31, (Printed version filed on 2026-08-05) | Attorney General of Ontario |
| 2026-07-22 | Intervener's factum, (Book Form), Completed on: 2026-07-27, (Printed version filed on 2026-07-22) | Association québécoise des avocats et avocates en droit de l'immigration |
| 2026-07-22 | Order on motion for leave to intervene, by JUSTICE MOREAU | |
| 2026-07-22 |
Decision on the motion for leave to intervene, Mor, UPON APPLICATIONS by the Association québécoise des avocats et avocates en droit de l’immigration and Canadian Telecommunications Association for leave to intervene in the above appeal; AND UPON APPLICATION by the Canadian National Railway Company for an order extending the time to serve and file their response to the motions for leave to intervene; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time to serve and file the response to the motions for leave to intervene is granted. The motions for leave to intervene are granted, and the two (2) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before September 2, 2026. The two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Saskatchewan and the Attorney General of Alberta are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. The appellant is granted permission to serve and file a single factum in reply to all interventions not to exceed five (5) pages in length on or before September 16, 2026. The interveners are not entitled to express a position on the disposition of the appeal, to raise new issues, to adduce further evidence or otherwise to supplement the record of the parties. The interveners are not permitted to advance submissions that duplicate those of the other parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their respective interventions. Judgment accordingly |
|
| 2026-07-22 | Decision on motion to extend time, See order on motions for leave to intervene, Mor | |
| 2026-07-22 | Submission of motion to extend time, Mor | |
| 2026-07-22 | Submission of motion for leave to intervene, Mor | |
| 2026-07-14 | Appeal perfected for hearing | |
| 2026-07-14 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2026-07-17) | Alberta Pacific Forest Industries Inc. |
| 2026-07-14 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2026-07-21) | Alberta Pacific Forest Industries Inc. |
| 2026-07-14 | Respondent's record, (Book Form), Completed on: 2026-07-22, (Printed version filed on 2026-07-17) | Alberta Pacific Forest Industries Inc. |
| 2026-07-14 |
Respondent's factum, (Book Form), Amended version rec'd 2026-08-28(printed version rec'd 2026-09-02) Missing Motion for extension of time (Rec'd 2026-09-04), Completed on: 2026-09-16, (Printed version filed on 2026-07-17) |
Alberta Pacific Forest Industries Inc. |
| 2026-07-14 | Respondent's book of authorities, (Book Form), Completed on: 2026-07-22, (Printed version filed on 2026-07-17) | Alberta Pacific Forest Industries Inc. |
| 2026-07-13 | Notice of hearing sent to parties | |
| 2026-07-13 | Appeal hearing scheduled, 2026-11-12 | |
| 2026-06-29 | Motion to extend time, (Book Form), Completed on: 2026-06-29, (Printed version filed on 2026-06-29) | Canadian National Railway Company |
| 2026-06-26 |
Response to the motion for leave to intervene, (Letter Form), Missing: - Motion for extension of time (Rec'd 2026-06-29), Completed on: 2026-06-29, (Printed version filed on 2026-06-26) |
Canadian National Railway Company |
| 2026-06-15 | Notice of name, (Letter Form), (Printed version due on 2026-06-22) | Canadian Telecommunications Association |
| 2026-06-15 | Intervener's book of authorities, (Book Form), Completed on: 2026-06-16, (Printed version due on 2026-06-22) | Canadian Telecommunications Association |
| 2026-06-15 | Motion for leave to intervene, (Book Form), Completed on: 2026-06-16, (Printed version filed on 2026-06-17) | Canadian Telecommunications Association |
| 2026-06-15 | Notice of name, (Letter Form), (Printed version due on 2026-06-22) | Association québécoise des avocats et avocates en droit de l'immigration |
| 2026-06-15 | Motion for leave to intervene, (Book Form), Completed on: 2026-06-15, (Printed version filed on 2026-06-15) | Association québécoise des avocats et avocates en droit de l'immigration |
| 2026-05-19 | Certificate (on limitations to public access), (Letter Form), 23A & B , (Printed version filed on 2026-05-20) | Canadian National Railway Company |
| 2026-05-19 | Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2026-05-21, (Printed version filed on 2026-05-20) | Canadian National Railway Company |
| 2026-05-19 | Appellant's record, (Book Form), (6 volumes), Completed on: 2026-05-21, (Printed version filed on 2026-05-20) | Canadian National Railway Company |
| 2026-05-19 | Appellant's factum, (Book Form), Completed on: 2026-05-21, (Printed version filed on 2026-05-20) | Canadian National Railway Company |
| 2026-05-07 | Order on motion to extend time, by JUSTICE ROWE | |
| 2026-05-07 |
Decision on motion to extend time, Row, UPON APPLICATION by the intervener, the Attorney General of Canada, for an extension of time to serve and file his notice of intervention respecting the constitutional question to April 21, 2026; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time is granted. Granted |
|
| 2026-05-07 | Submission of motion to extend time, Row | |
| 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 Saskatchewan | Intervener | Active |
| Association québécoise des avocats et avocates en droit de l'immigration | Intervener | Active |
| Canadian Telecommunications Association | 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 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 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
Party: Association québécoise des avocats et avocates en droit de l'immigration
Counsel
Gjergji Hasa
4911 Sherbrooke Ouest
Wesmount, Quebec
H3Z 1H2
Telephone: (343) 961-6186
FAX: (514) 849-7313
Email: l.david@havocats.ca
Party: Canadian Telecommunications Association
Counsel
Brandon Kain
James S.S. Holtom
Audrey-Anne Delage
66 Wellington Street West
Suite 5300, Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Email: smason@mccarthy.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
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Downloadable PDFs
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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 613-996-8666 or at 1-844-365-9662.
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Downloadable PDFs
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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 613-996-8666 or at 1-844-365-9662.
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