Date: 120031210
Docket: 03-A-45
Citation: 2003 FCA 474
CORAM: NOËL J.A.
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
Applicant
and
THE REGIONAL MUNICIPALITY OF YORK
AND
THE CANADIAN TRANSPORTATION AGENCY
Respondents
Motion dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on December 10, 2003.
REASONS FOR ORDER BY: NADON J.A.
CONCURRED IN BY: NOËL J.A.
PELLETIER J.A.
Date: 120031210
Docket: 03-A-45
Citation: 2003 FCA 474
CORAM: NOËL J.A.
BETWEEN:
CANADIAN NATIONAL RAILWAY COMPANY
Applicant
and
THE REGIONAL MUNICIPALITY OF YORK
AND
THE CANADIAN TRANSPORTATION AGENCY
Respondents
REASONS FOR ORDER
[1] Before us is a motion by the applicant, Canadian National Railway Company, for an order granting leave to appeal decision 517-R-2003 of the Canadian Transportation Agency, dated September 10, 2003.
[2] After reviewing the affidavit evidence of Judy Jones and Leonard Ng, and the written submissions put forward by the applicant and the respondents, I am satisfied that the matter raises a question of law which is fairly arguable (See Canadian Pacific Railway v. Canada (Transportation Agency), 2003 FCA 271, per Rothstein J.A. at 5).
[3] Consequently, the applicant's motion for leave to appeal decision 517-R-2003 of the Canadian Transportation Agency, dated September 10, 2003, should be granted.
"M. Nadon"
J.A.
"I agree.
Marc Noël J.A."
"I agree.
J.D. Denis Pelletier J.A."
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: 03-A-45
STYLE OF CAUSE: CNR v. Regional Municipality of York et al.
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NADON J.A.
CONCURRED IN BY: NOËL J.A.
PELLETIER J.A.
DATED: December 10, 2003
WRITTEN REPRESENTATIONS BY:
Gilles B. Legault FOR THE APPLICANT
Christine A. Zablocki FOR THE RESPONDENT
(REGIONAL MUNICIPALITY OF YORK)
SOLICITORS OF RECORD:
Gilles B. Legault FOR THE APPLICANT
Canadian National Railway Co.
Montreal QC
Christine A. Zablocki FOR THE RESPONDENT
Regional Municipality of York (REGIONAL MUNICIPALITY OF YORK)
Newmarket ON
Gino Grondin FOR THE RESPONDENT
Canadian Transportation Agency (CANADIAN TRANSPORTATION AGENCY)
Ottawa ON