Canadian Pacific Railway Company v. Canadian Transportation Agency, 2009 FCA 46 (2009)

Date: 20090218

Docket: A-335-08

Citation: 2009 FCA 46

CORAM: NOËL J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

CANADIAN PACIFIC RAILWAY COMPANY

Appellant and

CANADIAN TRANSPORTATION AGENCY and

THE ATTORNEY GENERAL OF CANADA

Respondents

Heard at Calgary , Alberta, on February 9, 2009 .

Judgment delivered at Ottawa , Ontario, on February 18, 2009 .

REASONS FOR JUDGMENT BY: PELLETIER J.A.

CONCURRED IN BY: NOËL J.A.

NADON J.A.

Date: 20090218

Docket: A-335-08

Citation: 2009 FCA 46

CORAM: NOËL J.A.

NADON J.A.

PELLETIER J.A.

BETWEEN:

CANADIAN PACIFIC RAILWAY COMPANY

Appellant and

CANADIAN TRANSPORTATION AGENCY and

THE ATTORNEY GENERAL OF CANADA

Respondents

REASONS FOR JUDGMENT

PELLETIER J.A.

[1] In the 2006-2007 crop year, the appellant, Canadian Pacific Railway Limited (CP), granted shippers certain incentives if they shipped grain in multi-car blocks (MCBs) and imposed certain performance penalties if the cars in those MCBs were not unloaded and released within certain specified periods. In calculating CP’s &ldqu...

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