A rail service dispute dating back to the 2006-07 crop year has finally had its day in court.
The Canadian Transportation Agency, Canadian National Railway and the Canadian Wheat Board spent a day and a half arguing their positions before the Federal Court of Appeal in Vancouver in late April.
When it was over, the three-judge panel gave no indication when it would issue a decision.
CWB spokesperson John Lyons said the agency has no idea when to expect a ruling.
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The court heard two separate but related appeals.
First, it heard CN’s appeal against a CTA decision that the railway failed to live up to its service obligations in carrying grain for a number of western Canadian shippers in 2006-07, including the wheat board.
Then it heard the board’s appeal against a CTA ruling that CN did not breach its service obligations in 2007-08.
The wheat board argued that the CTA excluded relevant evidence in dismissing the CWB’s complaint. It also argued the CTA did not complete its investigation to a point where it was in a position to determine whether CN had breached its service obligations.
It’s not clear what the practical effect on grain transportation rules and regulations will be if the court grants one or both of the appeals.
The board declined to comment.
“Because it’s at the stage where it’s before the courts, we can’t speculate on any potential outcome,” Lyons said.
It may not be the end of the legal battle because the losing party can seek leave to appeal the ruling to the Supreme Court.
A call to a CTA official seeking comment was not returned. CN policy is to decline to comment on cases before the courts or the agency.
