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Supreme Court of Canada

Railways—Rail barge service abandoned—Whether abandonment of line of railway within meaning of Railway Act requiring approval of Canadian Transport Commission—Railway Act, R.S.C 1970, c. R-2, s. 106.

APPEAL from a judgment of the Federal Court of Appeal[1], allowing an appeal from a decision of the Railway Transport Committee of the Canadian Transport Commission wherein the Committee held that it had jurisdiction with respect to the abandonment of a rail barge service operated by the respondent and ordered the respondent to reinstate and resume the service. Appeal dismissed.

T.B. Smith, Q.C., and H.J. Wruck, for the appellants.

N.D. Mullins, Q.C., and P.L. Maughan, for the respondent.

W.G. Burke-Robertson, Q.C., for the intervener.

The judgment of the Court was delivered by

MARTLAND J.—I agree with the reasons for judgment given by Le Dain J. for the Federal Court of Appeal. I would, therefore, dismiss the appeal with costs.

Appeal dismissed with costs.

[Page 632]

Solicitor for the appellant, the Attorney General of Canada: R. Tassé, Ottawa.

Solicitor for the appellant Canadian Transport Commission: G.W. Nadeau, Ottawa.

Solicitor for the respondent Canadian Pacific Limited: N.D. Mullins, Vancouver.

Solicitor for the Attorney General for British Columbia: M.H. Smith, Victoria.


[1] (1977), 79 D.L.R. (3d) 699.





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