Stephen J. Hutchison

The Woodstock Indian Band barricaded a railway right-of-way that crossed their reserve, claiming the railway company had no right to use the land.

The railway company sought a permanent injunction to restrain the Band from interfering with its right-of-way.

The Supreme Court of Canada held that the railway company's predecessor had acquired a statutory easement in the nature of a right-of-way over the land prior to Confederation, with the permission of the Crown.

This valid right-of-way was sufficient to support the award of a permanent injunction against the Band, without needing to determine whether the Band's underlying interest in the fee held by the Crown had been extinguished.

The infant respondent was seriously injured when struck by a train operated by the appellant.

The action was commenced more than three years after the accident.

The appellant argued the action was barred by the two-year limitation period in section 342(1) of the federal Railway Act.

The respondent argued the applicable limitation period was the provincial Limitation of Actions Act, which extended the time for infants.

The Supreme Court of Canada held that section 342(1) of the Railway Act is ultra vires the federal Parliament to the extent that it purports to apply to a common law action for negligence in the operation of a railway.

The establishment of general limitation periods for personal injury is not an integral part of federal jurisdiction over railways.