Canadian Pacific Ltd., Re, (1979) 30 N.R. 541 (SCC)

• Judge: Martland, Ritchie, Pigeon, Dickson, Estey, McIntyre and Chouinard, JJ.
• Court: Supreme Court (Canada)
• Case Date: October 11, 1979
• Jurisdiction: Canada (Federal)
• Citations: (1979), 30 N.R. 541 (SCC);30 NR 541;[1979] 2 SCR 668;1979 CanLII 229 (SCC);26 OR (2d) 659;105 DLR (3d) 170;[1979] 6 WWR 96;[1979] SCJ No 62 (QL)

Cdn. Pacific Ltd., Re (1979), 30 N.R. 541 (SCC)

MLB headnote and full text

Re Canadian Pacific Ltd.

Indexed As: Canadian Pacific Ltd., Re

Supreme Court of Canada

Martland, Ritchie, Pigeon, Dickson, Estey, McIntyre and Chouinard, JJ.

October 11, 1979.

Summary:

This case arose out of the abandonment of a barge service on Kootenay Lake, British Columbia by Canadian Pacific Ltd. Several interested parties applied to the Railway Transport Committee and the Canadian Transport Commission for an order that such a barge service would not be abandoned without the consent of the Railway Transport Committee. The Railway Transport Committee allowed the application and ordered Canadian Pacific Ltd. to reinstate the barge service. The decision of the Railway Transport Committee is set out below - see paragraphs 3 to 44. Canadian Pacific Ltd. appealed to the Federal Court of Appeal.

The Federal Court of Appeal allowed the appeal and held that the barge service was not a branch line pursuant to the Railway Act and could be abandoned without the consent of the Railway Transport Committee. The judgment of the Federal Court of Appeal is reported at 19 N.R. 347. The interested parties appealed to the Supreme Court of Canada.

The Supreme Court of Canada dismissed the appeal and affirmed the judgment of the Federal Court of Appeal (see paragraphs 1 and 2).

Railways - Topic 1146

Regulation - Abandonment of lines - Abandonment of branch lines - What constitutes a branch line - Railway Act, s. 252 - The Supreme Court of Canada affirmed that a barge service operated by Canadian Pacific Ltd. was not a branch line and could be abandoned without the consent of the Railway Transport Committee of the Canadian Transport Commission.

Cases Noticed:

Slocan District Board of Trade v. Canadian Pacific Railway Company, 27 C.R.C. 299, refd to. [paras. 14 and 37].

C.P.R. v. A.G. of B.C. and A.G. of Canada, [1950] A.C. 122, refd to. [para. 20].

Quebec North Shore Paper Co. v. C.P. Ltd., [1976] 1 F.C. 646; 9 N.R. 471, refd to. [para. 23].

Statutes Noticed:

British North America Act 1867, sect. 92(10)(a) [para. 22].

Railway Act, R.S.C. 1970, c. R-2, sect. 2 [para. 28]; sect. 106 [para. 36]; sect. 252 [para. 35]; sect. 262(1) [para. 38].

Counsel:

Edward Chiasson and G.R. Switzer, for the appellant;

N.D. Mullins, Q.C. and P.L. Maughan, for the respondent.

This appeal was heard by MARTLAND, RITCHIE, PIGEON, DICKSON, ESTEY, McINTYRE and CHOUINARD, JJ. of the Supreme Court of Canada at Ottawa, Ontario on October 11, 1979.

The judgment of the Supreme Court of Canada was delivered orally by MARTLAND, J. on October 11, 1979.