VIA Rail

[cplchanb]

I saw that and one of the first things I thought is if this is true,and CN is purposely trying to shut down via, then maybe it is time to nationalize CN again. And if CPKC does not want to play ball with Via or GO or any other passenger rail agencies, maybe it is time to do that to them as well. Have the tracks owned by the government(s) with freight operations being contracted out.

Maybe a huge fine or they can go nuclear and revoke or suspend their operating licenses until they comply with the priority order

 

[evandyk]

Federal Court, S. 18.1 Application for Judicial Review.

Parties are VIA, CN and the Attorney General of Canada. Docket is T-3067-24. No documents are posted as downloadable at this time.

Interesting. If it's an application for judicial review, their argument must be that CN is standing in for the government and acting as the rail safety "regulator".

 

[micheal_can]

Kill mosquitoes with a shotgun a lot do we?

Sometimes you get tired of the bug zapper not doing enough.

Better analogy is the kid is not listening and doing what they should be doing, so a hammer to the tablet is the next best recourse.

Maybe a huge fine or they can go nuclear and revoke or suspend their operating licenses until they comply with the priority order

How big of a fine will get their attention. Using driving as a comparison, the left lane is for people with '' ticket money. But even then, 20-30 over is still find in most areas. heck even where they lowered the speed to 40, people are still doing 60. That $10,000 fine kind of worked.
So, fora multi billion dollar company, how much is enough to hurt them enough to change their ways?

 

[roger1818]

Interesting article in which they speculate that the current station in Ottawa might not be used, but that they might choose to build a new station to allow for a faster route. It would also allow for an easier connection to the airport.

Padolsky: City of Ottawa must prepare for high-speed rail

A look at NCC and Ottawa City Hall plans for the capital show no vision for where to put a high-speed rail hub.

ottawacitizen.com

 

[Mihairokov]

The airport connection is a bit silly. Nobody is travelling from cities with YYZ or YUL for connections at YOW.

I am all-for cutting down travel times for Toronto-Montreal travellers but it would be a pain for anyone actually travelling to Ottawa to be dumped in Greenboro. I'm sure upgrading the tracks into Tremblay Station so that it doesn't take a half hour to traverse is cost-prohibitive.

 

[cplchanb]

Sometimes you get tired of the bug zapper not doing enough.

Better analogy is the kid is not listening and doing what they should be doing, so a hammer to the tablet is the next best recourse.


How big of a fine will get their attention. Using driving as a comparison, the left lane is for people with '' ticket money. But even then, 20-30 over is still find in most areas. heck even where they lowered the speed to 40, people are still doing 60. That $10,000 fine kind of worked.
So, fora multi billion dollar company, how much is enough to hurt them enough to change their ways?

maybe start with a calculation of all the lost revenue from the delays via experienced. or allow via to expense CN directly for that.

 

[roger1818]

The airport connection is a bit silly. Nobody is travelling from cities with YYZ or YUL for connections at YOW.

Agreed.

I am all-for cutting down travel times for Toronto-Montreal travellers but it would be a pain for anyone actually travelling to Ottawa to be dumped in Greenboro. I'm sure upgrading the tracks into Tremblay Station so that it doesn't take a half hour to traverse is cost-prohibitive.

But we all know that the primary objective is to get the Chads in Toronto to the bars in Montreal as quickly as possible.

 

[lenaitch]

Interesting. If it's an application for judicial review, their argument must be that CN is standing in for the government and acting as the rail safety "regulator".

Not necessarily. The involved parties are federally regulated under the Constitution. Railway operations are governed by the Railway Safety Act and the Federal Court has inherent initial jurisdiction in federally-regulated matters. Without seeing the filing, which helpfully usually outline the claimed "pursuant to" authorities, we will be left to see what the Court will do. They could just as easily punt it to Minister, Canadian Transportation Agency or a couple of other alphabet soup of agencies or tribunals.

 

[micheal_can]

maybe start with a calculation of all the lost revenue from the delays via experienced. or allow via to expense CN directly for that.

How do you calculate lost revenue for this? Do we just use the cost of fuel and wages, or should every empty seat be also part of that calculation?

 

[lenaitch]

Sometimes you get tired of the bug zapper not doing enough.

Better analogy is the kid is not listening and doing what they should be doing, so a hammer to the tablet is the next best recourse.


How big of a fine will get their attention. Using driving as a comparison, the left lane is for people with '' ticket money. But even then, 20-30 over is still find in most areas. heck even where they lowered the speed to 40, people are still doing 60. That $10,000 fine kind of worked.
So, fora multi billion dollar company, how much is enough to hurt them enough to change their ways?

In order for a monetary (fine) or other type of penalty to be imposed, there has to be a section of law or regulation that has been allegedly violated, due process followed and the penalty consistent with the legislation. The judicial or quasi-judicial system doesn't pick them out of the air, and the government certainly has no role. Being non-cooperative, obstructive or a general PITA might not cut it. It's a legislative area I'm not familiar with so await someone to point out the administrative offence CN has allegedly committed by imposing what it views as a safety-related operating rule.

 

[micheal_can]

In order for a monetary (fine) or other type of penalty to be imposed, there has to be a section of law or regulation that has been allegedly violated, due process followed and the penalty consistent with the legislation. The judicial or quasi-judicial system doesn't pick them out of the air, and the government certainly has no role. Being non-cooperative, obstructive or a general PITA might not cut it. It's a legislative area I'm not familiar with so await someone to point out the administrative offence CN has allegedly committed by imposing what it views as a safety-related operating rule.

I understand how the current regulations are set up. My hope, at the very least, is this legal action by Via is used to set precedent and warns the rail operators that just because they own it, does not mean they can ignore other users. I would be happy if Via, GO and other agencies who use CN and CP lines have their timetables respected and everything within reason is done to keep them on time. However, if that requires something drastic, I am not against it. The current ownership is not the problem. The way the current owners operate their railways is. Time to fix that.

 

[evandyk]

Not necessarily. The involved parties are federally regulated under the Constitution. Railway operations are governed by the Railway Safety Act and the Federal Court has inherent initial jurisdiction in federally-regulated matters. Without seeing the filing, which helpfully usually outline the claimed "pursuant to" authorities, we will be left to see what the Court will do. They could just as easily punt it to Minister, Canadian Transportation Agency or a couple of other alphabet soup of agencies or tribunals.

This is true, but if it's a claim against a non-government entity (like CN) it would be an Action, not an Application for judicial review. Different procedure, different remedies sought/available.

 

[lenaitch]

This is true, but if it's a claim against a non-government entity (like CN) it would be an Action, not an Application for judicial review. Different procedure, different remedies sought/available.

I defer; outside of my wheelhouse. Without seeing the factum, I suppose VIA is alleging that CN either doesn't have the authority to do what they did, or have done it in bad faith.

 

[Bojaxs]

Even if VIA were to win this lawsuit and force CN to reverse their demand for VIA trains to slow down at grade crossings, CN will simply figure out another way to "stick it" to VIA.

 

[micheal_can]

Even if VIA were to win this lawsuit and force CN to reverse their demand for VIA trains to slow down at grade crossings, CN will simply figure out another way to "stick it" to VIA.

That is why my hope is it sets precedence. Once it sets that, then any more retaliatory things can be seen as worse and it could then see something real done with CN.