Saskatchewan farmer Bill Wallace’s class action lawsuit against the two national railways and the Canadian Transportation Agency continues to slowly make its way through the court system.
Lawyer Joel Hesje of the McKercher law firm in Saskatoon said there’s no way to predict when the provincial Court of Appeal will issue a decision on the latest appeal in the case, which McKercher filed in September.
“You can’t read anything from this delay into the final outcome, but I would certainly hope it’s not going to be dragged into the summer,” said Hesje. “It’s been very frustrating.”
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The original lawsuit was filed in December 2008 in Saskatoon.
Hesje said it would be the first time an appellate court has been asked to rule on whether a law firm could be dismissed from a case because of a conflict of interest.
The class action suit alleges the railways have been overcharging farmers for hauling grain for more than two decades and should compensate producers by more than $1 billion.
Wallace said last fall that if McKercher loses, he would have to decide whether to find a different law firm.
Another class action suit on the same issue is also before the courts through Regina based law firm Merchant Law Group. It was filed by five farmers in mid-October.
Wallace said he believes the court will allow only one of the two lawsuits to go forward.
“We’re pretty much in a wait-and-see position, but it’s not dead by any means.”
