The Canadian Wheat Board has taken another step in its legal challenge against a rail service ruling by the Canadian Transportation Agency.
The Federal Court of Appeal last week sent notice to the CTA, along with a number of other parties, informing them that it will be hearing the board’s case and giving them 10 days to respond if they wish to oppose the appeal.
The notice also outlines the board’s arguments and lays out the grounds for the appeal.
The agency found in a Sept. 25, 2008, decision that Canadian National Railway failed to provide adequate service to four grain shippers in 2007-08.
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However, it rejected similar claims by the CWB and another shipper.
In its appeal, the board says the CTA failed to consider all the relevant evidence and didn’t conduct a thorough investigation of the board’s complaint.
The CTA said in its Sept. 25 ruling that it didn’t have enough information to consider CN’s grain hauling performance during a crucial eight-week period in February and March of 2008, when the board said CN’s performance was at its worst.
The board says the CTA failed to live up to its statutory responsibility to gather all the relevant information it needed to make a decision.
“The agency’s investigation into the complaint was flawed and incomplete as a result,” the board said in its original 30-page application to the court.
“The final decision makes it clear that the agency did not properly complete its investigation.”
The board says if the agency had considered all the available information it would have determined that CN was in breach of its service obligations.
The CTA ruled that CN failed to provide adequate service to North East Terminal, North West Terminal, Paterson Grain and Parrish and Heimbecker. It rejected complaints from the CWB and Providence Grain Group.
The court’s notice of appeal was served on not only the CTA but also CN and the five grain companies involved in the original decision.
A wheat board spokesperson said that is just a legal technicality and the board’s complaint is actually directed at the CTA.
Each of the respondents is free to file a response supporting or opposing the appeal, or do nothing.
No date has been set for the court to hear the appeal.
The board has requested that it be heard in Vancouver.
