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Apr 7, 2022

On behalf of the Forest Products Association of Canada (“FPAC”), McMillan filed a written argument opposing an application by Canadian National Railway Company (“CN”) for leave to appeal a decision of the Federal Court of Appeal (August 2021) dismissing CN’s appeal of decision of Canadian Transportation Agency (April 2019).

The Agency investigation of CN was the first under a new statutory power and found that Canadian National Railway Company breached its level of service obligations. The Court unanimously endorsed the Agency’s analytical approach to blanket restrictions on rail service and resisted CN’s attempt to narrow the scope of the Agency’s new power. The Supreme Court denied CN’s application for leave to appeal in April 2022.

The McMillan team, led by Lucia Stuhldreier, represented FPAC, the largest association of forest products shippers in Canada throughout the proceedings, including at both the Federal Court of Appeal and the Supreme Court of Canada.

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 federal Canada Transportation Act and the Canada Marine Act, under related federal statutes such as the Competition Act, the Investment Canada Act, the Bankruptcy and Insolvency Act, the Impact Assessment Act and related provincial statutes. Regulation governs every aspect of the Transportation industry and our lawyers stay current with the laws that govern the industry to help our clients stay ahead.