Date: 20030227
Docket: A-608-01
Neutral Citation: 2003 FCA 105
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
CITY OF MONTRÉAL
Applicant
and
CANADIAN PACIFIC RAILWAY
Respondent
and
CANADIAN TRANSPORTATION AGENCY
Intervener
Hearing held at Montréal, Quebec, February 27, 2003.
Judgment delivered from the bench at Montréal, Quebec, February 27, 2003.
REASONS FOR JUDGMENT OF THE COURT: NADON J.A.
Date: 20030227
Docket: A-608-01
Neutral Citation: 2003 FCA 105
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
CITY OF MONTRÉAL
Applicant
and
CANADIAN PACIFIC RAILWAY
Respondent
and
CANADIAN TRANSPORTATION AGENCY
Intervener
REASONS FOR JUDGMENT OF THE COURT
(Pronounced from the bench at Montréal, Quebec,
February 27, 2003.)
NADON J.A.
[1] On the basis of section 41 of the Canada Transportation Act, S.C. 1996, c. 10 (the Act) and section 18.5 of the Federal Court Act, we are of the opinion that this Court does not have jurisdiction to hear the applicant's application for judicial review.
[2] The applicant had to comply with section 41 of the Act and obtain, as provided by subsection 41(1), leave of this Court to file a notice of appeal and, upon obtaining leave, to file its notice of appeal within the period prescribed in subsection 41(2).
[3] Pursuant to paragraph 52(a) of the Federal Court Act, the application for judicial review will therefore by quashed for lack of jurisdiction in this Court. Since this question was raised by the Court on its own initiative, there will be no order as to costs.
"Marc Nadon"
J.A.
Certified true translation
Suzanne Gauthier, C. Tr., LL.L
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20030227
Docket: A-608-01
Between:
CITY OF MONTRÉAL
Applicant
and
CANADIAN PACIFIC RAILWAY
Respondent
and
CANADIAN TRANSPORTATION AGENCY
Intervener
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-608-01
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
STYLE: CITY OF MONTRÉAL Applicant
and
CANADIAN PACIFIC RAILWAY Respondent
and
CANADIAN TRANSPORTATION AGENCY Intervener
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 27, 2003
REASONS FOR JUDGMENT OF THE COURT: NADON J.A.
DATED: February 27, 2003
APPEARANCES:
Paule Biron FOR THE APPLICANT
Raphaël Lescop FOR THE RESPONDENT
Claude Delmar FOR THE INTERVENER
SOLICITORS OF RECORD:
Jalbert, Séguin, Verdon,
Caron, Mahoney
Montréal, Quebec FOR THE APPLICANT
Fasken Martineau DuMoulin
Montréal, Quebec FOR THE RESPONDENT
Canadian Transportation Agency
Hull, Quebec FOR THE INTERVENER
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20030227
Docket: A-608-01
Between:
CITY OF MONTRÉAL
Applicant
and
CANADIAN PACIFIC RAILWAY
Respondent
and
CANADIAN TRANSPORTATION AGENCY
Intervener
__________________________________________
REASONS FOR JUDGMENT
OF THE COURT
__________________________________________
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