Date: 20100319
Dockets: A-509-08
A-507-08
Citation: 2010 FCA 81
CORAM: LÉTOURNEAU J.A.
NADON J.A.
DAWSON J.A.
BETWEEN:
A-509-08
THE RURAL
MUNICIPALITY OF SOURIS VALLEY NO. 7
Appellant
and
CANADIAN
PACIFIC RAILWAY COMPANY
Respondent
- - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A-507-08
THE RURAL MUNICIPALITY
OF SOURIS VALLEY NO. 7
Appellant
and
CANADIAN PACIFIC RAILWAY
COMPANY
Respondent
Heard at Regina, Saskatchewan, on February
18, 2010.
Judgment delivered at Ottawa, Ontario, on March 19, 2010.
REASONS
FOR JUDGMENT BY:
LÉTOURNEAU J.A.
CONCURRED
IN BY:
NADON J.A.
DAWSON J.A.
Date: 20100319
Dockets: A-509-08
A-507-08
Citation: 2010 FCA 81
CORAM: LÉTOURNEAU
J.A.
NADON J.A.
DAWSON J.A.
BETWEEN:
A-509-08
THE RURAL MUNICIPALITY
OF SOURIS
VALLEY
NO. 7
Appellant
and
CANADIAN PACIFIC RAILWAY
COMPANY
Respondent
- - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A-507-08
THE RURAL MUNICIPALITY
OF SOURIS VALLEY NO. 7
Appellant
and
CANADIAN PACIFIC RAILWAY
COMPANY
Respondent
REASONS FOR JUDGMENT
LÉTOURNEAU J.A.
[1]
For the
reasons given in files A-508-08, A-506-08 and A-561-08, I would allow the
appeal with one set of costs and set aside the part of the Canadian
Transportation Agency’s (Agency) decision which dismisses the appellant’s claim
for costs of the levelling of the rights-of-way of the line is set aside. The
matter is referred back to the Agency to determine:
a) if,
in the present instance, the above costs are relevant to the determination of
the NSV pursuant to section 145 of the Act;
b) if so, whether their award is
justified on the facts and circumstances of this case; and
c) if so, the amount that should be
awarded.
[2]
I would
allow no costs to or against the Agency.
“Gilles
Létourneau”
“I
agree
M.
Nadon J.A.”
“I
agree
Eleanor
R. Dawson J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-509-08
STYLE OF CAUSE: THE
RURAL MUNICIPALITY
OF SOURIS
VALLEY NO. 7 v. CANADIAN
PACIFIC
RAILWAY
COMPANY
PLACE OF HEARING: Regina,
Saskatchewan
DATE OF HEARING: February 18, 2010
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: NADON J.A.
DAWSON J.A.
DATED: March 19, 2010
APPEARANCES:
|
Lucia M. Stuhldreier
|
FOR THE APPELLANT
|
|
Glen H. Poelman
Ryan
C. Penner
|
FOR
THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Aikins, MacAulay & Thorvaldson LLP
Winnipeg, Manitoba
|
FOR THE APPELLANT
|
|
MacLeod Dixon LLP
Calgary,
Alberta
|
FOR
THE RESPONDENT
|
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-507-08
STYLE OF CAUSE: THE
RURAL MUNICIPALITY
OF SOURIS
VALLEY NO. 7 v. CANADIAN
PACIFIC
RAILWAY
COMPANY
PLACE OF HEARING: Regina, Saskatchewan
DATE OF HEARING: February
18, 2010
REASONS FOR JUDGMENT BY: LÉTOURNEAU
J.A.
CONCURRED IN BY: NADON
J.A.
DAWSON J.A.
DATED: March
19, 2010
APPEARANCES:
|
Lucia
M. Stuhldreier
|
FOR THE APPELLANT
|
|
Glen
H. Poelman
Ryan
C. Penner
|
FOR
THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Aikins,
MacAulay & Thorvaldson LLP
Winnipeg, Manitoba
|
FOR THE APPELLANT
|
|
MacLeod
Dixon LLP
Calgary,
Alberta
|
FOR
THE RESPONDENT
|
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