Date: 20030619
Docket: T-955-03
Citation: 2003 FCT 767
Vancouver, British Columbia, Thursday, the 19th day of June 2003
Present: THE HONOURABLE MR. JUSTICE CAMPBELL
BETWEEN:
CANADIAN NATIONAL
RAILWAY COMPANY
Applicant
- and -
WELDWOOD OF CANADA LIMITED
and DAVID ROBERTS
Respondents
REASONS FOR ORDER AND ORDER
[1] The present motion by the Applicant is for the following relief:
1. An interim injunction pursuant to section 18.2 of the Federal Court Act, enjoining the Respondent David Roberts, Q.C., an arbitrator appointed pursuant to section 162 of the Canada Transportation Act, from proceeding with an arbitration between Canadian National and Weldwood of Canada Limited ("Weldwood") pursuant to a referral by the Canadian Transportation Agency dated May 29, 2003, until the Applicant's motion for an interlocutory injunction had been decided.
2. An interlocutory injunction, pursuant to section 18.2 of the Federal Court Act, to be heard at a time and place as directed by the Court, enjoining Arbitrator Roberts from the proceeding with the arbitration until the Applicant's application for judicial review has been finally decided.
3. An order directing that this Notice of Motion, the Affidavit of Richard Kummen, and any other information that the parties agree should be kept confidential be filed in a sealed form and kept confidential by the Registry of the Court.
[2] The judicial review application in the present case reads as follows:
This Applicant makes application for:
1. An Order pursuant to section 18.1(3) of the Federal Court Act prohibiting or restraining the Respondent David Roberts, Q.C., an arbitrator appointed pursuant to section 162 of the Canada Transportation Act, from proceeding with an arbitration between Canadian National Railway Company ("Canadian National") and Weldwood of Canada Limited ("Weldwood") pursuant to a referral by the Canadian Transportation Agency dated May 29, 2003.
During the oral hearing of the present injunction motion, counsel for the Applicant confirmed that it is specifically the jurisdiction of Mr. Roberts that is the subject matter of the present judicial review application and the injunction requested.
[3] It is agreed that any conduct of the Canadian Transportation Agency (the "Agency") which caused the referral to be made to Mr. Roberts pursuant to s. 162(1) of the Canadian Transportation Act is the exclusive jurisdiction of the Appeal Division of the Court pursuant to s. 28 of the Federal Court Act. As the evidence and argument filed by the Applicant in support of the present motion raises issues with respect to the decision-making of the Agency resulting in the referral to Mr. Roberts, I find that I do not have jurisdiction to decide with respect to this evidence and argument.
[4] I find my only jurisdiction is to act with respect to any action Mr. Roberts has taken after accepting the referral from the Agency. I further find there is no evidence raising a serious question with respect to this frame of reference.
[5] Accordingly, the present motion is dismissed.
(Sgd.) "Douglas R. Campbell"
Judge
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-995-03
STYLE OF CAUSE: CANADIAN NATIONAL RAILWAY COMPANY v. WELDWOOD OF CANADA LIMITED ET AL
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: June 16 and 19, 2003
REASONS FOR Order : Campbell, J
DATED: June 19, 2003
APPEARANCES:
Timothy.J. Maledy FOR APPLICANT
Johannes Schenk
Forrest C. Hume FOR RESPONDENT
Louis J. Zivot Weldwood of Canada Limited
SOLICITORS OF RECORD:
Watson Goepel Maledy FOR APPLICANT
Barristers & Solicitors
Forrest C. Hume FOR RESPONDENT
Barrister & Solicitor Weldwood of Canada Limited
Lang Michener FOR RESPONDENT
Barristers & Solicitors Weldwood of Canada Limited