Canadian Transit Company v. Canada (Transport), 2012 FCA 70

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.

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”

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:

SOLICITORS OF RECORD: