Dear Charlie etel;
I have been thinking how to put a good spin on our grain transportation logistics in western Canada...
Yet how can CNCP expect anything but more gov regulations with the way they are behaving:
My case in short- TRJ vs CNCP
Gov 2007-08 takes away excess cost CNCP charged for car maintenance to grain growers of $72M
CNCP object...appeals Go all the way to the Supreme Court of Canada... CNCP lost. $72M subtracted from the grain profit cap for Western Canada.
TRJ files for a class action... in Alberta... for all of western Canada... to discover if the pre2007 charges (excess $72M car maint) were proper.
CNCP spend almost $2M they claim... to stop class action from receiving standing... and succeed.
If this TRJ class-action actually had been 'frivolous and vexatious' why would CNCP want to spend $2M?
Simply CNCP council could have moved to dismiss this TRJ class-action and succeed if this were the actual case.
END. Case is dismissed. TRJ class-action does not receive standing. Costs to be established.
In the costs Leave to Appeal Feb 24 2015... in the Alberta Court of Appeal... CNCP Council accused TRJ of slandering the RR's, being vexatious, and spreading lies. TRJ should be made an example of... to stop such cases in the future.
TRJ had very little to gain (in TRJ vs CNCP) at the farm level... but that we grain growers could use a non-governmental court system to have some discipline over the Railway grain grower relationship.
The hope was some Future possible issues then could have possible remedies outside of Government regulations.
Unfortunately... the Alberta Courts decided that legislation alone was to govern CNCP actions... and that centuries old CommonLaw rules of conduct were not acceptable respectable standards to be met... besides ruling that the action was not brought in the proper time.
The Honourable Court of Appeal in Alberta has ruled. Costs stand as ordered... $423,000. No apparent concern about the chilling effect on future attempts by farmers to seek justice.
CNCP win on all counts. CNCP issue Writ of Execution against all TRJ farm land.
TRJ offers to give written apology and asks for forgiveness of Court Costs which means removal of the Writ of Execution on TRJ farm...
As justice has been served as far as the rule of law is concerned... why be vindictive and chill all future class action attempts at resolving problems in our RR transportation logistical system?
Does beating down a single individual grain farmer... truly have the desired impact?
What happens if that grain farmer... goes on a hunger strike because of CNCP strong are tactics to prevent future farmers from attempting resolution of future problems that need solutions?
How would a reasonable person... be expected to come to the conclusion... that LESS gov regulation was appropriate... when the CNCP actors take such vengeance against TRJ...
Vengeance... after a solution and resolution CNCP wanted resolved... and was to the satifaction of ALberta Courts... a solution and understanding to an outstanding 'Novel and Public Interest issue' that's perceived as an injustice by many in the farm community?
Now... we find CNCP have hauled much less grain south to the US... ON NON REGULATED GRAIN RATES.
IF THERE WERE ACTUALLY MORE PROFIT IN HAULING NON-REGULATED GRAIN... WHY WOULDN'T CNCP DO A GOOD JOB with service for western Canadian grain going south?
I have been thinking how to put a good spin on our grain transportation logistics in western Canada...
Yet how can CNCP expect anything but more gov regulations with the way they are behaving:
My case in short- TRJ vs CNCP
Gov 2007-08 takes away excess cost CNCP charged for car maintenance to grain growers of $72M
CNCP object...appeals Go all the way to the Supreme Court of Canada... CNCP lost. $72M subtracted from the grain profit cap for Western Canada.
TRJ files for a class action... in Alberta... for all of western Canada... to discover if the pre2007 charges (excess $72M car maint) were proper.
CNCP spend almost $2M they claim... to stop class action from receiving standing... and succeed.
If this TRJ class-action actually had been 'frivolous and vexatious' why would CNCP want to spend $2M?
Simply CNCP council could have moved to dismiss this TRJ class-action and succeed if this were the actual case.
END. Case is dismissed. TRJ class-action does not receive standing. Costs to be established.
In the costs Leave to Appeal Feb 24 2015... in the Alberta Court of Appeal... CNCP Council accused TRJ of slandering the RR's, being vexatious, and spreading lies. TRJ should be made an example of... to stop such cases in the future.
TRJ had very little to gain (in TRJ vs CNCP) at the farm level... but that we grain growers could use a non-governmental court system to have some discipline over the Railway grain grower relationship.
The hope was some Future possible issues then could have possible remedies outside of Government regulations.
Unfortunately... the Alberta Courts decided that legislation alone was to govern CNCP actions... and that centuries old CommonLaw rules of conduct were not acceptable respectable standards to be met... besides ruling that the action was not brought in the proper time.
The Honourable Court of Appeal in Alberta has ruled. Costs stand as ordered... $423,000. No apparent concern about the chilling effect on future attempts by farmers to seek justice.
CNCP win on all counts. CNCP issue Writ of Execution against all TRJ farm land.
TRJ offers to give written apology and asks for forgiveness of Court Costs which means removal of the Writ of Execution on TRJ farm...
As justice has been served as far as the rule of law is concerned... why be vindictive and chill all future class action attempts at resolving problems in our RR transportation logistical system?
Does beating down a single individual grain farmer... truly have the desired impact?
What happens if that grain farmer... goes on a hunger strike because of CNCP strong are tactics to prevent future farmers from attempting resolution of future problems that need solutions?
How would a reasonable person... be expected to come to the conclusion... that LESS gov regulation was appropriate... when the CNCP actors take such vengeance against TRJ...
Vengeance... after a solution and resolution CNCP wanted resolved... and was to the satifaction of ALberta Courts... a solution and understanding to an outstanding 'Novel and Public Interest issue' that's perceived as an injustice by many in the farm community?
Now... we find CNCP have hauled much less grain south to the US... ON NON REGULATED GRAIN RATES.
IF THERE WERE ACTUALLY MORE PROFIT IN HAULING NON-REGULATED GRAIN... WHY WOULDN'T CNCP DO A GOOD JOB with service for western Canadian grain going south?
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