Federal Court of Appeal Decisions

Decision Information

Canadian Transit Company v. Canada (Transport)

Court (s) Database Federal Court of Appeal Decisions
Date 2012-03-01
Neutral citation 2012 FCA 70
File numbers A-214-11, A-216-11

Decision Content

Federal Court of Appeal

Cour d'appel fédérale

 

Date: 20120301

Dockets: A-214-11

A-216-11

 

Citation: 2012 FCA 70

 

CORAM:       SHARLOW J.A.

                        DAWSON J.A.                      

                        TRUDEL J.A.

 

BETWEEN:

THE CANADIAN TRANSIT COMPANY

Appellant

 

and

 

 

MINISTER OF TRANSPORT, MINISTER OF FISHERIES AND OCEANS,

MINISTER OF THE ENVIRONMENT, WINDSOR PORT AUTHORITY AND

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO

 

Respondents

 

 

 

Heard at Toronto, Ontario, on March 1, 2012.

Judgment delivered from the Bench orally at Toronto, Ontario, on March 1, 2012.

 

REASONS FOR JUDGMENT OF THE COURT BY:                                            SHARLOW J.A.

 

Federal Court of Appeal

Cour d'appel fédérale

 

Date: 20120301

Dockets: A-214-11

A-216-11

Citation: 2012 FCA 70

 

CORAM:       SHARLOW J.A.

                        DAWSON J.A.                      

                        TRUDEL J.A.

 

BETWEEN:

THE CANADIAN TRANSIT COMPANY

Appellant

 

 

and

 

 

MINISTER OF TRANSPORT, MINISTER OF FISHERIES AND OCEANS,

MINISTER OF THE ENVIRONMENT, WINDSOR PORT AUTHORITY AND

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO

Respondents

 

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench orally at Toronto, Ontario on March 1, 2012)

 

SHARLOW J.A.

 

[1]               Despite the forceful and most able submissions of counsel for the appellant, we have not been persuaded that the record discloses any error on the part of Justice Kelen that warrants the intervention of this Court.

[2]               In substance, most of the challenges to Justice Kelen’s decision turn on his findings of fact. We have been unable to discern any palpable and overriding error in those findings. In our view, they were all reasonably open to him on the record. Further, we cannot conclude that Justice Kelen erred in law in any respect.

 

[3]               These appeals will be dismissed with costs.

 

“K. Sharlow”

J.A.

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

DOCKETS:                                                                A-214-11 and A-216-11

 

APPEAL FROM THE JUDGMENT OF THE HONOURABLE MR. JUSTICE KELEN OF THE FEDERAL COURT, DATED MAY 4, 2011 IN DOCKET NO. T-2189-09.

 

STYLE OF CAUSE:                                                  THE CANADIAN TRANSIT COMPANY

v. MINISTER OF TRANSPORT,

MINISTER OF FISHERIES AND

OCEANS, MINISTER OF THE

ENVIRONMENT, WINDSOR PORT

AUTHORITY AND HER MAJESTY THE

QUEEN IN RIGHT OF ONTARIO

 

PLACE OF HEARING:                                            Toronto, Ontario

 

DATE OF HEARING:                                              March 1, 2012

 

 

REASONS FOR JUDGMENT OF THE

COURT BY:                                                               (SHARLOW, DAWSON & TRUDEL JJ.A.)

 

DELIVERED FROM THE BENCH BY:                SHARLOW J.A.

 

 

APPEARANCES:

 

Kevin O’Brien

Lindsay Rauccio

 

FOR THE APPELLANT

 

William MacLarkey

 

 

 

Peter Southey

Andrea Bourke

Jon Bricker

FOR THE RESPONDENT (Her Majesty the Queen in right of Ontario)

 

FOR THE RESPONDENT (Minister of Transport, Minister of Fisheries and Oceans, Minister of the Environment, Windsor Port Authority)

 

 

SOLICITORS OF RECORD:

 

OSLER, HOSKIN & HARCOURT LLP

Toronto, Ontario

 

FOR THE APPELLANT

 

ATTORNEY GENERAL FOR ONTARIO

Crown Law Office – Civil

Toronto, Ontario

 

Myles J. Kirvan

Deputy Attorney General of Canada

Toronto, Ontario

FOR THE RESPONDENT (Her Majesty the Queen in right of Ontario)

 

FOR THE RESPONDENT (Minister of Transport, Minister of Fisheries and Oceans, Minister of the Environment, Windsor Port Authority)

 

 

 

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