MLT Successful at Alberta Court of Appeal Defending Major Civil Claim Against Railways

This post was written prior to our January 2017 merger, under our previous firm name, MacPherson Leslie & Tyerman LLP.

Lawyers from MLT have argued successfully at the Alberta Court of Appeal on behalf of Canadian National Railway and Canadian Pacific Railway in Jackson v. Canadian National Railway (2013 ABCA 440). The action involved an application for certification of a class action by western framers seeking hundreds of millions of dollars from the Railways as a result of the alleged overcharging for carriage of grain in western Canada. MLT had earlier obtained dismissal of the certification motion and summary judgment against the plaintiff from the Alberta Court of Queen’s Bench. The Court of Appeal upheld the decision, affirming counsels’ argument that the rates charged by the Railways were lawful, and in accordance with comprehensive federal legislation. MLT’s Doug Hodson, Q.C., Robert Leurer, Q.C. and Ryan Lepage acted on behalf of CN and CP.