July 2004

Recent Decisions

Ferroequus Railway Co. v. Canadian National Railway Co. [2004] 2 F.C.R. 42 (Fed. C.A.): The Canadian Transportation Agency rejected an application under s. 138(1) of the Canada Transportation Act for an order authorizing Ferroequus to operatore over portions of a CN track. Held: The Agency's discretion to grant running rights was limited only by the requirement to have regard to public interest, which it did in coming to its decision.

Canadian Imperial Bank of Commerce v. "Le Chêne No. 1" (The), [2004] 1 F.C.R. 120 (Fed. T.D.): A chief engineer's claim for wrongful dismissal created a maritime lien for wages.