Souris Valley No. 7 (Rural Municipality) v. Canadian Pacific Railway Company

Souris Valley No. 7 (Rural Municipality) v. Canadian Pacific Railway Company
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-03-19
Neutral citation
2010 FCA 81
File numbers
A-509-08
Decision Content
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20100319
Dockets: A-509-08
A-507-08
Citation: 2010 FCA 81
CORAM: LÉTOURNEAU J.A.
NADON J.A.
DAWSON J.A.
BETWEEN:
A-509-08
THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7
Appellant
and
CANADIAN PACIFIC RAILWAY COMPANY
Respondent
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A-507-08
THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7
Appellant
and
CANADIAN PACIFIC RAILWAY COMPANY
Respondent
Heard at Regina, Saskatchewan, on February 18, 2010.
Judgment delivered at Ottawa, Ontario, on March 19, 2010.
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: NADON J.A.
DAWSON J.A.
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20100319
Dockets: A-509-08
A-507-08
Citation: 2010 FCA 81
CORAM: LÉTOURNEAU J.A.
NADON J.A.
DAWSON J.A.
BETWEEN:
A-509-08
THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7
Appellant
and
CANADIAN PACIFIC RAILWAY COMPANY
Respondent
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A-507-08
THE RURAL MUNICIPALITY OF SOURIS VALLEY NO. 7
Appellant
and
CANADIAN PACIFIC RAILWAY COMPANY
Respondent
REASONS FOR JUDGMENT
LÉTOURNEAU J.A.
[1] For the reasons given in files A-508-08, A-506-08 and A-561-08, I would allow the appeal with one set of costs and set aside the part of the Canadian Transportation Agency’s (Agency) decision which dismisses the appellant’s claim for costs of the levelling of the rights-of-way of the line is set aside. The matter is referred back to the Agency to determine:
a) if, in the present instance, the above costs are relevant to the determination of the NSV pursuant to section 145 of the Act;
b) if so, whether their award is justified on the facts and circumstances of this case; and
c) if so, the amount that should be awarded.
[2] I would allow no costs to or against the Agency.
“Gilles Létourneau”
J.A.
“I agree
M. Nadon J.A.”
“I agree
Eleanor R. Dawson J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-509-08
STYLE OF CAUSE: THE RURAL MUNICIPALITY OF SOURIS
VALLEY NO. 7 v. CANADIAN PACIFIC
RAILWAY COMPANY
PLACE OF HEARING: Regina, Saskatchewan
DATE OF HEARING: February 18, 2010
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: NADON J.A.
DAWSON J.A.
DATED: March 19, 2010
APPEARANCES:
Lucia M. Stuhldreier
FOR THE APPELLANT
Glen H. Poelman
Ryan C. Penner
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Aikins, MacAulay & Thorvaldson LLP
Winnipeg, Manitoba
FOR THE APPELLANT
MacLeod Dixon LLP
Calgary, Alberta
FOR THE RESPONDENT
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-507-08
STYLE OF CAUSE: THE RURAL MUNICIPALITY OF SOURIS
VALLEY NO. 7 v. CANADIAN PACIFIC
RAILWAY COMPANY
PLACE OF HEARING: Regina, Saskatchewan
DATE OF HEARING: February 18, 2010
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: NADON J.A.
DAWSON J.A.
DATED: March 19, 2010
APPEARANCES:
Lucia M. Stuhldreier
FOR THE APPELLANT
Glen H. Poelman
Ryan C. Penner
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Aikins, MacAulay & Thorvaldson LLP
Winnipeg, Manitoba
FOR THE APPELLANT
MacLeod Dixon LLP
Calgary, Alberta
FOR THE RESPONDENT