Case # 35145
Canadian National Railway Company, et al. v. Attorney General of Canada, et al. (January 14, 2014)
In January 2008, Peace River Coal Inc. (PRC) and CN Rail entered into a confidential contract for the transportation of PRC’s coal. The transportation contract was to end in June, 2010. The contract stated that the base freight rates would be subject to “Fuel Surcharge Tariff CN 7402.” In April, 2008, CN implemented new fuel surcharge in Tariff CN 7403. CN advised its customers that confidential contracts subject to fuel surcharge CN 7402 would continue to apply until the contracts expired. PRC applied to the Canadian Transportation Agency for an order establishing reasonable surcharges under the Canada Transportation Act. CN moved to have the application dismissed.