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May 23, 2023

McMillan mounted a successful defence against the Canadian National Railway Company’s (“CN”) motion for leave to appeal the Canadian Transportation Agency (“CTA”) Letter Decision No. CONF-R-2-2023. The CTA affirmed in its finding that CN breached the level of service provisions set out in the Canada Transportation Act in respect of CN’s rail service to Meadow Lake Mechanical Pulp Inc. (“MLMP”). Further, the CTA upheld its order specifying the minimum level of service that CN must provide to MLMP moving forward.

MLMP is a leading producer of high quality bleached chemi-thermomechanical pulp. Supplying an international clientele, MLMP’s pulp is used to make a wide array of products ranging from tissue and paper towels to food and board packaging. MLMP is part of the Paper Excellence Group of Companies, which manufactures and distributes pulp and paper products.

McMillan’s successful representation of MLMP, in connection with this complex cross-border mandate, was expertly led by Lucia Stuhldreier and supported by Ryan Gallagher, Carina Chiu and François Tougas.

McMillan’s Transportation Industry Group lawyers are recognized leaders in delivering expert legal services to the transportation and distribution sector. Our lawyers are consistently engaged in the regulatory, economic and financial aspects of transportation law and policy under the Canada Transportation Act and corresponding provincial statutes. The Group regularly advises in connection with statutes such as the Railway Safety Act, Canada Marine Act, Competition Act, and the Investment Canada Act. Regulation governs every aspect of the transportation industry, and our lawyers stay current with the laws and policies that govern the industry to help our clients stay ahead.