February 28, 2017
APPLICATION by Univar Canada Ltd. against the Canadian Pacific Railway Company (CP), pursuant to sections 25.1 and 113 to 116 of the
Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA); AND IN THE MATTER OF a hearing held in Vancouver, British Columbia on October 13 and 14, 2016.
Case number:
15-04576
TRIBUNAL
Scott Streiner - Chair of the Panel, Chair and Chief Executive Officer, Canadian Transportation Agency
Stephen Campbell - Member, Canadian Transportation Agency
William G. McMurray - Member, Canadian Transportation Agency
PARTICIPANTS
Forrest C. Hume - Counsel for Univar Canada Ltd.
John Landry - Counsel for Univar Canada Ltd.
Simon R. Coval – Counsel for Canadian Pacific Railway Company
Sylvie Lang – Counsel for Canadian Pacific Railway Company
SUMMARY
[1] Univar Canada Ltd. (Univar) filed with the Canadian Transportation Agency (Agency) a complaint against CP alleging that CP failed to fulfill its level of service obligations as a result of a fire on July 9, 2014 that damaged the Marpole Rail Bridge (Marpole Bridge), which runs south from the Marpole Spur and allows for direct rail service to Univar’s facility in Richmond, British Columbia (facility).
[2] Univar requests that the Agency find that CP has failed to fulfill its level of service obligations for the receiving, loading, carrying, and delivering of traffic to and from the facility and order CP to:
- repair the Marpole Bridge and restore rail service forthwith, and to fulfil its level of service obligations to and from the facility; and
- compensate Univar, pursuant to paragraph 116(4)(c.1) of the CTA, for all expenses Univar incurred due to CP’s service failure, including legal fees, until such time as CP has restored rail service to the facility. Univar requests that the compensation be paid by CP on a monthly basis. Alternatively, Univar seeks its legal fees for this proceeding under section 25.1 of the CTA [...continues with much detail and the minutia of the ruling and background...]