Supreme Court of Canada
Canadian National Railways v. Canadian Pacific Ltd., [1979] 2 S.C.R. 668
Date: 1979-10-11
Canadian National Railways Appellant;
and
Canadian Pacific Limited Respondent.
1979: October 11.
Present: Martland, Ritchie, Pigeon, Dickson, Estey, Mclntyre and Chouinard JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Contracts—Interpretation—Agreement between railway companies relating to use of each other’s tracks on shores of Burrard Inlet—Dispute arising under agreement—Arbitration award—Allegations of error in law on face of the record—Award set aside by chambers judge and remitted to arbitrators for reconsideration—Award of arbitrators restored by Court of Appeal.
APPEAL from a judgment of the Court of Appeal for British Columbia allowing an appeal by the respondent from a judgment of Macdonald J. Appeal dismissed.
Edward Chiasson and G.R. Switzer, for the appellant.
N.D. Mullins, Q.C., and Mrs. P.L. Maughan, for the respondent.
The judgment of the Court was delivered orally by
MARTLAND J.—The able submission presented by Mr. Chiasson on behalf of the appellant has not persuaded us that we should interfere with the conclusion reached by the Court of Appeal.
The appeal is dismissed with costs.
Judgment accordingly.
Solicitors for the appellant: Ladner, Downs, Vancouver.
Solicitor for the respondent: N.D. Mullins, Vancouver.
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