VIA Rail

[lenaitch]

No, but when the next case for being delayed by CN is brought to the courts, in my perfect world, precedent has been set an it would not work well in CN's favour. However,I know that is likely not the way it will work out.

Then you don't understand how precedent law works.

Having said that, this appears to be a spat between two corporations; one private, one public. I'm not aware that corporate decisions are subject to judicial review, but seeing as it is a regulated industry I could be wrong. This is basically a civil dispute in the public sphere. The court could punt this back to the CTA or DOT. Even if the court does rule, civil or administrative rulings do not create precedent law. A party could use a decision in a future litigation as a supporting argument but it would only be useful if the circumstances we strikingly similar.

 

[micheal_can]

Then you don't understand how precedent law works.

Having said that, this appears to be a spat between two corporations; one private, one public. I'm not aware that corporate decisions are subject to judicial review, but seeing as it is a regulated industry I could be wrong. This is basically a civil dispute in the public sphere. The court could punt this back to the CTA or DOT. Even if the court does rule, civil or administrative rulings do not create precedent law. A party could use a decision in a future litigation as a supporting argument but it would only be useful if the circumstances we strikingly similar.

I am not trained in law. I have not had any run ins with law. Sadly my knowledge is through what is reported(and what is not). I have many assumptions biased on a fair and just justice system. Sadly, many of those are incorrect.

As far as the precedence I think of, one could argue that both this and the other things that CN are doing is to purposely delay Via and prevent them from being able to run according to their schedule.