Northwest Territories v. Canadian National Railway Company Limited

Decided: 2026-10-28. Docket: A-426-25. Citation: 2026 FCA 182 (CanLII). Transportation — Rail transportation — Level of service — Canada Transportation Act, ss. 113 to 116 — Whether failure to repair a branch line breached level of service obligations — Reasonable pause following wildfires and absence of traffic offered — Relief limited to declaration after discontinuance filed — Appeal dismissed | Administrative law — Appellate jurisdiction — Questions of law or jurisdiction — Canada Transportation Act, subs. 41(1) — Whether issues characterized as law or jurisdiction were in substance fact or mixed fact and law — Reasonableness of not initiating repairs treated as factual or mixed — Court declined to intervene — Appeal dismissed | Statutory interpretation — Statutory timelines — Disconti