canadian pacific ltd. v. drumheller (city), [1988] 1 S.C.R. 1091
Canadian Pacific Limited Appellant
v.
City of Drumheller and Century Coals Ltd. Respondents
and
Canadian Transport Commission Intervener
and between
Canadian National Railways Appellant
v.
City of Drumheller and Century Coals Ltd. Respondents
and
Canadian Transport Commission Intervener
indexed as: canadian pacific ltd. v. drumheller (city)
File Nos.: 17498, 17499.
1988: June 14.
Present: Dickson C.J. and McIntyre, Lamer, Wilson and L'Heureux‑Dubé JJ.
on appeal from the court of appeal
Railways ‑‑ Canadian Transport Commission ‑‑ Jurisdiction ‑‑ Abandonment of track authorized ‑‑ Whether authorization within the jurisdiction of the commission?
Judgments and orders ‑‑ Reversal ‑‑ Consent to reversal of judgment ‑‑ Supreme Court Act, R.S.C. 1970, c. S‑19, s. 75.
Statutes and Regulations Cited
Supreme Court Act, R.S.C. 1970, c. S‑19, s. 75.
APPEAL from a judgment of the Federal Court of Appeal, [1983] 1 F.C. 1005n, 1982 CanLII 3318 (FCA), 45 N.R. 549, 143 D.L.R. (3d) 264, allowing an appeal from a decision of the Railway Transport Committee of the Canadian Transport Commission. Appeal allowed.
Marcella M. Szel, for the appellant Canadian Pacific Ltd.
Grant Nerbas, for the appellant Canadian National Railways.
No one appeared for the respondents.
Peter Noonan, for the intervener Canadian Transport Commission.
The judgment of the Court was delivered orally by
- The Chief Justice ‑‑ Pursuant to s. 75 of the Supreme Court Act, R.C.S. 1970, c. S‑19, the appeal is allowed, the decision of the Federal Court of Appeal pronounced on December 9, 1982 ([1983] 1 F.C. 1005n, 1982 CanLII 3318 (FCA), 45 N.R. 549, 143 D.L.R. (3d) 264) id set aside and the decision of the Railway Transport Committee of the Canadian Transport Commission, dated October 23, 1981, is allowed.
Judgment accordingly.
Solicitor for the appellant Canadian Pacific Ltd.: Marcella M. Szel, Calgary.
Solicitor for the appellant Canadian National Railways: Grant Nerbas, Winnipeg.
Solicitors for the respondents City of Drumheller and Century Coals Ltd.: Ross, Todd & Company, Drumheller.
Solicitor for the intervener the Canadian Transport Commission: Peter Noonan, Saskatoon.