Supreme Court to weigh appropriate legal path for reviewing complaint about railway
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OTTAWA – The Supreme Court of Canada will help decide the appropriate means of reviewing a company’s complaint about the service provided by a railway.
In November 2023, the Canadian Transportation Agency ruled that Canadian National Railway Co. failed to meet the level of service it owed to Alberta Pacific Forest Industries Inc.
The agency is a federal regulator and quasi-judicial tribunal and, under section 41 of the Canadian Transportation Act, its decisions may be appealed to the Federal Court of Appeal on questions of law or jurisdiction.
CN wanted to contest factual findings so it pursued an appeal under a provision of the Federal Courts Act, not under section 41.
The Federal Court of Appeal dismissed the application for judicial review last September, saying it has long been clear that questions of fact may not be appealed in this manner.
The Appeal Court also pointed out the Canadian Transportation Act gives the Governor General, acting on the advice of cabinet, the authority to vary or rescind agency decisions.
This report by The Canadian Press was first published Feb. 19, 2026.