TRANSPORTATION
Appeal from Canadian Transportation Agency’s decision, relying on Canada Transportation Act, S.C. 1996, c. 10, s. 150(3)(b), decreasing revenue attributable to demurrage, thus increasing CN’s Western Grain Revenues—Agency authorized to review level of charges or manner of imposing them to determine if any part of revenues arising from charges cannot reasonably be characterized as demurrage—Cannot interfere with CN’s calculation of revenues related to demurrage unless finds charges levied as demurrage not aimed at promoting efficient release of cars or that charges otherwise outside accepted meaning of demurrage—To justify intervention Agency had to find charge not demurrage—Fell short of so finding, since evidence showed all elements of demurrage present—Agency exceeded mandate in disregarding revenues within four corners of accepted definition of demurrage based on assessment of effectiveness of charges.
Canadian National Railway Co. v. Canada (Transportation Agency) (A-220-07, 2008 FCA 123, Noël J.A., judgment dated 3/4/09, 19 pp.)