Indexed as:

Canadian National Railway Co. v. Canada (National

 Transportation Agency)

IN THE MATTER OF an application by the Corporation of the

City of Chatham for authority to construct a subway to carry a

"highway", namely Park Avenue East, across and under the tracks

of CSX Transportation, Inc. at mileage 17.63 No. 2 subdivision,

in the City of Chatham, in the Province of Ontario

Between

Canadian National Railway Company, appellant, and

National Transportation Agency and the Corporation of the City

of Chatham, respondent

[1995] F.C.J. No. 800

[1995] A.C.F. no 800

55 A.C.W.S. (3d) 862

Appeal No. A-888-92

 Federal Court of Appeal

 Toronto, Ontario

Strayer, MacGuigan and McDonald JJ.

Heard: May 23, 1995

 Oral judgment: May 23, 1995

(3 pp.)

Railways -- Regulation -- National Transportation Agency -- Jurisdiction -- Refusal to resolve disputes -- Appeals.

This was an appeal by CNR from a determination of the respondent Agency that it would not resolve a contractual dispute between the parties. In so doing, the Agency looked to its Guidelines on the Apportionment of Costs Separations.

HELD: The appeal was dismissed. The decision made by the Agency was one within its jurisdiction.

Statutes, Regulations and Rules Cited:

Railway Act, ss. 201, 202, 204.

Kenneth Peel, for the appellant.

Stephanie McManus, for the respondent, National Transportation Agency.

R. G. Colautti and Mr. Kunsch, for the respondent, the Corporation of the City of Chatham.

The judgment of the Court was delivered orally by

1 MacGUIGAN J.:-- We have not been persuaded that the National Transportation Agency, in its apportionment of costs relating to a grade separation in Chatham, Ontario, failed to exercise its jurisdiction. In fact, it was in the exercise of this jurisdiction under ss. 201, 202 and 204 of the Railway Act that it decided that it should not resolve a contractual dispute between the parties and properly interpreted its own Guidelines on the Apportionment of Costs of Grade Separations not to require it so to do.

2     The appeal must therefore be dismissed.

MacGUIGAN J.

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