CWB's appeal allowed over CN service
Published: December 15th 2008
Source: Farm Business Communications Network
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The Canadian Wheat Board will get its day in court to appeal a Canadian
Transportation Agency ruling over the level of rail service CN gives to
Prairie wheat and barley.
The Federal Court of Appeal on Friday granted the CWB's Oct. 24
application for leave to appeal the CTA's Sept. 25 decision.
The CWB was one of six grain shippers involved in a formal
level-of-service complaint against CN relating to the 2007-08 crop year.
The CTA in September ruled CN had shirked its obligations to four of the
six grain companies in question, but wasn't in breach of its obligations
to the CWB at a system level.
For the first 25 weeks of 2007-08, the CTA said in September, CN
delivered over 80 per cent of the requested rail cars to CWB and more
than 95 per cent of these cars were delivered either on time or in the
subsequent two weeks (three weeks total).
For grain weeks 26 to 28, the CTA said, the deliveries fell below the
CTA's established threshold, but after the application of the 12-week
rolling average, the percentages to those three weeks "increased to
exceed the standard."
The CWB on Friday said it now has 60 days to file its notice of appeal.
It plans to argue the CTA "excluded relevant evidence" when it dismissed
the CWB's complaint about inadequate rail service.
Furthermore, the CWB said, it will argue the CTA did not complete its
investigation to a point where it was in a position to determine whether
CN had breached its service obligations.
The CTA ordered CN in September to start providing a level of service to
the four affected companies -- North East Terminal, North West Terminal,
Paterson Grain and Parrish and Heimbecker -- as set out in the
established service performance benchmark for crop year 2008-09 and