Canadian Transit Company v. Canada (Transport)

Canadian Transit Company v. Canada (Transport)
Court (s) Database
Federal Court of Appeal Decisions
Date
2012-03-01
Neutral citation
2012 FCA 70
File numbers
A-214-11, A-216-11
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20120301
Dockets: A-214-11
A-216-11
Citation: 2012 FCA 70
CORAM: SHARLOW J.A.
DAWSON J.A.
TRUDEL J.A.
BETWEEN:
THE CANADIAN TRANSIT COMPANY
Appellant
and
MINISTER OF TRANSPORT, MINISTER OF FISHERIES AND OCEANS,
MINISTER OF THE ENVIRONMENT, WINDSOR PORT AUTHORITY AND
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
Respondents
Heard at Toronto, Ontario, on March 1, 2012.
Judgment delivered from the Bench orally at Toronto, Ontario, on March 1, 2012.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20120301
Dockets: A-214-11
A-216-11
Citation: 2012 FCA 70
CORAM: SHARLOW J.A.
DAWSON J.A.
TRUDEL J.A.
BETWEEN:
THE CANADIAN TRANSIT COMPANY
Appellant
and
MINISTER OF TRANSPORT, MINISTER OF FISHERIES AND OCEANS,
MINISTER OF THE ENVIRONMENT, WINDSOR PORT AUTHORITY AND
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench orally at Toronto, Ontario on March 1, 2012)
SHARLOW J.A.
[1] Despite the forceful and most able submissions of counsel for the appellant, we have not been persuaded that the record discloses any error on the part of Justice Kelen that warrants the intervention of this Court.
[2] In substance, most of the challenges to Justice Kelen’s decision turn on his findings of fact. We have been unable to discern any palpable and overriding error in those findings. In our view, they were all reasonably open to him on the record. Further, we cannot conclude that Justice Kelen erred in law in any respect.
[3] These appeals will be dismissed with costs.
“K. Sharlow”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKETS: A-214-11 and A-216-11
APPEAL FROM THE JUDGMENT OF THE HONOURABLE MR. JUSTICE KELEN OF THE FEDERAL COURT, DATED MAY 4, 2011 IN DOCKET NO. T-2189-09.
STYLE OF CAUSE: THE CANADIAN TRANSIT COMPANY
v. MINISTER OF TRANSPORT,
MINISTER OF FISHERIES AND
OCEANS, MINISTER OF THE
ENVIRONMENT, WINDSOR PORT
AUTHORITY AND HER MAJESTY THE
QUEEN IN RIGHT OF ONTARIO
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: March 1, 2012
REASONS FOR JUDGMENT OF THE
COURT BY: (SHARLOW, DAWSON & TRUDEL JJ.A.)
DELIVERED FROM THE BENCH BY: SHARLOW J.A.
APPEARANCES:
Kevin O’Brien
Lindsay Rauccio
FOR THE APPELLANT
William MacLarkey
Peter Southey
Andrea Bourke
Jon Bricker
FOR THE RESPONDENT (Her Majesty the Queen in right of Ontario)
FOR THE RESPONDENT (Minister of Transport, Minister of Fisheries and Oceans, Minister of the Environment, Windsor Port Authority)
SOLICITORS OF RECORD:
OSLER, HOSKIN & HARCOURT LLP
Toronto, Ontario
FOR THE APPELLANT
ATTORNEY GENERAL FOR ONTARIO
Crown Law Office – Civil
Toronto, Ontario
Myles J. Kirvan
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT (Her Majesty the Queen in right of Ontario)
FOR THE RESPONDENT (Minister of Transport, Minister of Fisheries and Oceans, Minister of the Environment, Windsor Port Authority)