Canadian Transport Commission et al. v. Canadian Pacific Ltd.
Court headnote
Canadian Transport Commission et al. v. Canadian Pacific Ltd. Collection Supreme Court Judgments Date 1979-03-20 Report [1979] 1 SCR 631 Judges Martland, Ronald; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves; McIntyre, William Rogers On appeal from Federal Court of Appeal Subjects Transportation Decision Content Supreme Court of Canada Canadian Transport Commission et al. v. Canadian Pacific Ltd., [1979] 1 S.C.R. 631 Date: 1979-03-20 The Canadian Transport Commission and the Attorney General of Canada Appellants; and Canadian Pacific Limited Respondent; and Attorney General of British Columbia Intervener. 1979: February 28; 1979: March 20. Present: Martland, Pigeon, Dickson, Beetz, Estey, Pratte and McIntyre JJ. ON APPEAL FROM THE FEDERAL COURT OF APPEAL Railways—Rail barge service abandoned—Whether abandonment of line of railway within meaning of Railway Act requiring approval of Canadian Transport Commission—Railway Act, R.S.C 1970, c. R-2, s. 106. APPEAL from a judgment of the Federal Court of Appeal[1], allowing an appeal from a decision of the Railway Transport Committee of the Canadian Transport Commission wherein the Committee held that it had jurisdiction with respect to the abandonment of a rail barge service operated by the respondent and ordered the respondent to reinstate and resume the service. Appeal dismissed. T.B. Smith, Q.C., and H.J. Wruck, for the appellants. N.D. Mullins, Q.C., and P.L. Maughan, for…
Full judgment (source text)
Mirrored from decisions.scc-csc.ca — the linked original is authoritative.
Canadian Transport Commission et al. v. Canadian Pacific Ltd. Collection Supreme Court Judgments Date 1979-03-20 Report [1979] 1 SCR 631 Judges Martland, Ronald; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves; McIntyre, William Rogers On appeal from Federal Court of Appeal Subjects Transportation Decision Content Supreme Court of Canada Canadian Transport Commission et al. v. Canadian Pacific Ltd., [1979] 1 S.C.R. 631 Date: 1979-03-20 The Canadian Transport Commission and the Attorney General of Canada Appellants; and Canadian Pacific Limited Respondent; and Attorney General of British Columbia Intervener. 1979: February 28; 1979: March 20. Present: Martland, Pigeon, Dickson, Beetz, Estey, Pratte and McIntyre JJ. ON APPEAL FROM THE FEDERAL COURT OF APPEAL Railways—Rail barge service abandoned—Whether abandonment of line of railway within meaning of Railway Act requiring approval of Canadian Transport Commission—Railway Act, R.S.C 1970, c. R-2, s. 106. APPEAL from a judgment of the Federal Court of Appeal[1], allowing an appeal from a decision of the Railway Transport Committee of the Canadian Transport Commission wherein the Committee held that it had jurisdiction with respect to the abandonment of a rail barge service operated by the respondent and ordered the respondent to reinstate and resume the service. Appeal dismissed. T.B. Smith, Q.C., and H.J. Wruck, for the appellants. N.D. Mullins, Q.C., and P.L. Maughan, for the respondent. W.G. Burke-Robertson, Q.C., for the intervener. The judgment of the Court was delivered by MARTLAND J.—I agree with the reasons for judgment given by Le Dain J. for the Federal Court of Appeal. I would, therefore, dismiss the appeal with costs. Appeal dismissed with costs. Solicitor for the appellant, the Attorney General of Canada: R. Tassé, Ottawa. Solicitor for the appellant Canadian Transport Commission: G.W. Nadeau, Ottawa. Solicitor for the respondent Canadian Pacific Limited: N.D. Mullins, Vancouver. Solicitor for the Attorney General for British Columbia: M.H. Smith, Victoria. [1] (1977), 79 D.L.R. (3d) 699.
Source: decisions.scc-csc.ca
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