Joseph Potvin
New Member
My money is on the city.
@kEiThZ,
Interesting that you put it that way. If you mean that as a taxpayer, you hope the City is permitted to dismantle federally regulated public infrastructure without federal authorization, I hope you'll explain your rationale. Especially since that infrastructure is the only remaining railway connection between the Quebec and Ontario sides of the NCR. So can you please help us understand your taxpayer perspective on this matter?
For the simple fact that precedent set by reading in Moose's favour would have such adverse effects all over the country. Here's the thing, if the CTA buys Moose's argument, there will be chaos across the country as community groups use that legislation to start attacking transit proposals everywhere.
Now you've confused me. Is it not true that MOOSE has the only transit proposal on the table presently to connect the NCR? We're pursuing legal cases where railways are being dismantled in what appears to be, through careful analysis, violations of the law. But MOOSE did not legally challenge the dismantling of the Beachburg Sub by CN, because all the laws were followed in that case. We're budgeting to rebuild that line.
But when you say "there will be chaos across the country as community groups use that legislation to start attacking", it sounds as if you object in principle to parties (whether companies like MOOSE, or community groups, or individuals) using existing legislation though normal regulatory processes to advance their causes or to oppose violations that harm their causes? Isn't that what you would want in a rules-based socio-economic system?
Also, ordering compliance can mean many different things. Most notably important is the timeframe in which the CTA might order compliance. If the CTA gives the City several years to figure it all out, Moose will have won a rather pyrrhic victory.
We've anticipated that, and declared our escalation sequence from the beginning. See paragraph 4 in...
https://www.letsgomoose.ca/wp-conte...ocumentation_RE210-R-2012_2016-07-25c_PDF.pdf
If things drag on beyond far what is reasonable, MOOSE will proceed to apply for a Writ of Mandamus in Federal Court. Here's the leading reference case in Canada in which the decision outlines the criteria for a Writ of Mandamus: http://reports.fja.gc.ca/eng/1994/1994fca0343.html
And here's a CN railway case in the US very similar to our own, in which CN seek a Writ of Mandamus against the US body similar to the CTA:
http://www.cn.ca/documents/About-EJE/CN-EJE-Petition-for-a-Writ-of-Mandamus.pdf (note the "Expedited Treatment Requested") and an Amicus Curae from another firm supporting CN http://www.nitl.org/Amicus08-1303.pdf
I am going to laugh if the City just goes ahead with the discontinuance process just to avoid legal costs and back and forth with Moose. They can sever the line and leave it there till such a time as they have a deal with Gatineau.
Careful what you wish for. See Divsion V of the Act. They'd have to offer it for sale at the salvage price (just at the City did). And we'd buy it for continued railway operations (just as the City did). The difference is that we'd really use it... and we suggest that's in the public interest, and consistent with the whole intent of Section 5 of the Canada Transportation Act: http://laws-lois.justice.gc.ca/eng/acts/C-10.4/page-1.html#h-4
Joseph Potvin
President and General Manager | Président et Directeur général
Mobility Ottawa-Outaouais: Systems & Enterprises Inc. (The mOOse Consortium) | www.letsgomoose.com
Mobilité Outaouais-Ottawa: Systèmes & Enterprises Inc. (Le consortium mOOse) | www.onyvamoose.com