Interesting. Is it CN Rail restricting Via with the new rules? Or does CN go to Canada Transportation Agency to ask them to restrict Via with the new rules? It makes a rather large difference for the court procedure.
Anyways, if they're getting their information from this Globe article, everybody is hopelessly confused.
CN says Via’s new trains were slow to trigger barricades at road crossings, while Via says CN’s order to slow down or reconfigure its trains is unreasonable
www.theglobeandmail.com
You don't commence a judicial review with a statement of claim. Judicial review challenges the actions of government, not private companies. It's possible it's not a judicial review at all, but a civil suit (which would be started with a statement of claim). Reading this article gives you no clue as to what is actually happening and no way to even speculate as to whether there's any merit to it.