The appellant sought an advance payment of special damages for rehabilitation purposes from the respondents.
The Supreme Court of Canada allowed the appeal against the Canadian National Railway Company, granting the advance payment of $200,000 based on the dissenting reasons of Rice J.A. in the Court of Appeal.
The appeal against VIA Rail Canada Inc. was dismissed without costs.
The appellant's claim for interest on the advanced moneys was dismissed, and costs were awarded on a party and party basis.
