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Trackside_Treasure said:
VIA's November 12, 2024 motion for an Application for Judicial Review of CN's October 11, 2024 Crossing Supplements that led to crossing speed reductions for Venture-equipped consists in the Corridor has been struck by CN's January 13, 2025 Motion to Strike, heard in Federal Court on February 7. In a terse three-line decision, issued three business days before the Judicial Review was to be heard in Montreal Federal Court next Tuesday, Associate Judge Catharine Moore made The Court's decision with regard to CN
s Motion to Strike. Result:
"1. The motion is granted.
2. The Notice of Application is struck out.
3. The whole, with costs. Final Decision."

More here: https://tracksidetreasure.blogspot.com/2024/12/via-and-cn-in-federal-court-over-cn.html
and here: https://tracksidetreasure.blogspot.com/2025/02/cn-via-train-service-agreements.html
Click to expand...
What a waste of time.
 
I thought the action before the Federal Court was a little odd. I was halfways expected the Court to dismiss it claiming lack of jurisdiction, or perhaps an 'obiter dictum' statement (an statement or opinion not essential to the decision) that this whole thing belonged in from of the regulator, but this was a rather terse 'go away'.
 
Trackside_Treasure said:
VIA's November 12, 2024 motion for an Application for Judicial Review of CN's October 11, 2024 Crossing Supplements that led to crossing speed reductions for Venture-equipped consists in the Corridor has been struck by CN's January 13, 2025 Motion to Strike, heard in Federal Court on February 7. In a terse three-line decision, issued three business days before the Judicial Review was to be heard in Montreal Federal Court next Tuesday, Associate Judge Catharine Moore made The Court's decision with regard to CN
s Motion to Strike. Result:
"1. The motion is granted.
2. The Notice of Application is struck out.
3. The whole, with costs. Final Decision."

More here: https://tracksidetreasure.blogspot.com/2024/12/via-and-cn-in-federal-court-over-cn.html
and here: https://tracksidetreasure.blogspot.com/2025/02/cn-via-train-service-agreements.html
Click to expand...

So what happens now? VIA lost and CN won? VIA will have to figure out a fix for loss of shunt?
 
Bordercollie said:
Seeing that no evidence was put forward it probably means the whole thing got thrown out since it has no basis to begin with.
Click to expand...
This was an 'action of filings', not a trial (and it never got to a hearing anyway). The evidence before the Court was a pile-o-documents submitted by both parties.

The decision is appealable to the Federal Court of Appeal. There is also the Minister and regulators (where it should have been in the first place).

I don't really know how the Federal Court works but a three line decision is highly unusual. I would normally expect a quick, brief ruling to forestall future dates and timelines that had been set with a written decision to follow.
 
lenaitch said:
This was an 'action of filings', not a trial (and it never got to a hearing anyway). The evidence before the Court was a pile-o-documents submitted by both parties.

The decision is appealable to the Federal Court of Appeal. There is also the Minister and regulators (where it should have been in the first place).

I don't really know how the Federal Court works but a three line decision is highly unusual. I would normally expect a quick, brief ruling to forestall future dates and timelines that had been set with a written decision to follow.
Click to expand...
Doesn't the regulating body have a say in all of this?
 
Toronto to Windsor Via Rail passengers rescued by workers on CN train after train runs out of fuel


“After troubleshooting, it was determined that this train, which is part of our aging legacy fleet, had run out of fuel, despite fuel readings erroneously indicating that there was more than enough fuel to complete the trip,” Via said in a statement.

Is this a common failure on a locomotive, or a sign of aging?

Good thing it's not a plane 🤣.
 
bearcat said:
Toronto to Windsor Via Rail passengers rescued by workers on CN train after train runs out of fuel


“After troubleshooting, it was determined that this train, which is part of our aging legacy fleet, had run out of fuel, despite fuel readings erroneously indicating that there was more than enough fuel to complete the trip,” Via said in a statement.

Is this a common failure on a locomotive, or a sign of aging?

Good thing it's not a plane 🤣.
Click to expand...
sounds to me like it's just a matter of the float on the fuel gauge got stuck. probably just sediment buildup on it.
 
lenaitch said:
I thought the action before the Federal Court was a little odd. I was halfways expected the Court to dismiss it claiming lack of jurisdiction, or perhaps an 'obiter dictum' statement (an statement or opinion not essential to the decision) that this whole thing belonged in from of the regulator, but this was a rather terse 'go away'.
Click to expand...
I found it odd that the Motion to Strike was heard February 7 and it took nearly two weeks for that decision to be made public, while extensive maneuvering, submissions and preparations continued for the February 25 court date apace.

I would say CN has won, and that the crossing supplements stay in effect and there is no requirement for VIA to move ahead on shunt-enhancers. Just keep slowing down and arriving late, passengers!

Transport Canada/the Minister of Transport has yet to weigh in on this. They have however received evidence from CN that CN was quick to make confidential in the Federal Court proceedings, lest they be made public. I do however, anticipate the CN response to Transport Canada reaching the light of day within the next month.

Evidence was indeed put forward, though most of CN's affidavits and exhibits did not make sense to this layman as causative for their actions. Arbitrary and based on their US experience with Siemens equipment. I was also searching, scanning for a smoking gun but never found one!
 
bearcat said:
Toronto to Windsor Via Rail passengers rescued by workers on CN train after train runs out of fuel


“After troubleshooting, it was determined that this train, which is part of our aging legacy fleet, had run out of fuel, despite fuel readings erroneously indicating that there was more than enough fuel to complete the trip,” Via said in a statement.

Is this a common failure on a locomotive, or a sign of aging?

Good thing it's not a plane 🤣.
Click to expand...
It's not a common occurrence because the process of re-priming the fuel system after its run dry is a humongous pain in the ass. There are gauges on the sides of the locos, and some of the more modern locos will display the fuel level on the control displays in the cab.

But as Paul pointed out above, this is the second time in the past week and a bit that it's happened.

This trainset starts its day in Ottawa, runs through Toronto without going to the TMC, and then ends at Windsor. VIA has contracts set up to refuel their trains at any station where a train will lay over overnight, but for whatever reason those two trains were not refueled in Ottawa.

Dan
 
bearcat said:
Toronto to Windsor Via Rail passengers rescued by workers on CN train after train runs out of fuel


“After troubleshooting, it was determined that this train, which is part of our aging legacy fleet, had run out of fuel, despite fuel readings erroneously indicating that there was more than enough fuel to complete the trip,” Via said in a statement.

Is this a common failure on a locomotive, or a sign of aging?

Good thing it's not a plane 🤣.
Click to expand...
I guess the Windsor Train doesn't have the same ring to it as the Gimli Glider.
 
MisterF said:
I guess the Windsor Train doesn't have the same ring to it as the Gimli Glider.
Click to expand...

Alas, it's net uphill Toronto to Windsor.... Tronto 113m above sea level to Windsor 190m. Gliding won't get you there.

I have heard a theory that the added acceleration account the CN crossing restrictions affects fuel consumption, but I don't know if either incident involved a venture trainset. As Dan noted, fuel gauges may be unreliable or unreadable.... or somebody misread or even forgot to read the fuel gauge.

- Paul
 
crs1026 said:
Alas, it's net uphill Toronto to Windsor.... Tronto 113m above sea level to Windsor 190m. Gliding won't get you there.

I have heard a theory that the added acceleration account the CN crossing restrictions affects fuel consumption, but I don't know if either incident involved a venture trainset. As Dan noted, fuel gauges may be unreliable or unreadable.... or somebody misread or even forgot to read the fuel gauge.

- Paul
Click to expand...
The picture in the news shows an F40 with LRC consist. I guess the fuel supply company didnt get the memo?
 
crs1026 said:
I have heard a theory that the added acceleration account the CN crossing restrictions affects fuel consumption, but I don't know if either incident involved a venture trainset. As Dan noted, fuel gauges may be unreliable or unreadable.... or somebody misread or even forgot to read the fuel gauge.

- Paul
Click to expand...
Both trains were older stock, the first with a P42 and the second with an F40.

Dan
 
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