Federal Court upholds 2014 ruling that CN failed to provide enough grain

EDMONTON – The Federal Court of Appeal has upheld a ruling that found Canadian National Railway breached its level of service obligations to a Prairie grain shipping company during a bumper crop two years ago.The case focused on a complaint filed by Calgary-based Louis Dreyfus Commodities Canada Ltd. with the Canadian Transportation Agency.Dreyfus said CN (TSX:CNR) failed to provide enough rail cars to some of its grain elevators in Alberta and Saskatchewan to ship the record 2013-2014 crop.The agency ruled in favour of Dreyfus and, at one point, ordered CN to supply rail cars to grain facilities in Glenavon, Sask., Aberdeen, Sask., Joffre, Alta., and Lyalta, Alta.CN filed an appeal, arguing the agency did not take into account the exceptional size of the grain crop, the effect extreme cold weather had on the rail transportation system or demands from other grain companies.CN also took issue with how the agency evaluates railways and said that it failed to treat it with procedural fairness.A panel of three justices dismissed CN’s appeal in a ruling handed down in Ottawa.“There is no merit in CN’s argument that it was denied procedural fairness,” Justice Wyman Webb wrote.Webb noted that during one six-week period of the crop year, CN failed to provide any grain shipping cars to the four elevators.“CN submitted to the agency that it ‘quickly ramped up its grain capacity after winter relented around the first week of March’, therefore, it is difficult to understand how the harsh winter could be a justification for not delivering any cars to LDC (Dreyfus) during weeks 30 to 35.”It’s not clear if CN faces any kind of penalty for breaching the service agreement with Dreyfus.The transportation agency ordered CN to comply with the terms of its confidential agreement with the company in 2014 but details of the order were blacked out.Dreyfus officials declined to comment on the appeal court ruling.The railway said it does not intend to appeal.“CN is disappointed with the Federal Court of Appeal decision given the huge grain crop and severe winter conditions that significantly affected its operations in 2013-14,” Mark Hallman, a CN spokesman wrote in an email Thursday, declining to discuss whether the rail company faces penalties.The Canadian Transportation Agency did not respond to a request for comment.Court documents cited in the case say the 2013 grain crop was 77 million tonnes compared to a previous five-year average of 57.2 million tonnes.The Saskatchewan government said in July it warned the major rail companies and the federal government to be prepared to deal with another large crop this year.Agriculture Minister Lyle Stewart said the province stressed the importance of ensuring the grain handling and transportation system is prepared to move this crop in a timely manner.Stewart said grain farmers who were affected by the rail bottleneck in 2013-14 eventually recouped some of their losses when the crop was finally delivered, but he said transportation delays hurt customer confidence.CN and Canadian Pacific (TSX:CP) have both said they have plans in place to transport the grain. by John Cotter, The Canadian Press Posted Sep 22, 2016 2:50 pm MDT Last Updated Sep 22, 2016 at 4:00 pm MDT AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to RedditRedditShare to 電子郵件Email Federal Court upholds 2014 ruling that CN failed to provide enough grain cars read more

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Complaint over Limerick crime scene Irish Examiner ad not upheld

first_imgA COMPLAINT THAT an Irish Examiner ad featuring a photograph of part of Limerick with police tape across it was “offensive” has not been upheld.The ad had been on display in June near Colbert Station for just a few hours before it was torn down.At the time, Irish Examiner editor Tim Vaughan denied that the city was being targeted by the paper, saying that the ad had been misinterpreted as focusing solely on Limerick, when the newspaper was actually publishing a national investigation series.The complaintThe complaint to the Advertising Standards of Ireland (ASAI) was in relation to the advertisement that featured a photograph of King John’s Castle in Limerick with images of yellow police tape stating “crime scene do not cross” across the billboard.The headline stated; “Just how safe is Limerick”, while text under the crime scene tape stated “A county by county crime supplement. Irish Examiner. Thursday June 13 #IECrime.”The complainants considered that the advertisement was offensive and misleading.They said it implied that there were high levels of crime in Limerick which they said was not supported by data from the Central Statistics Office (CSO).They also believed it was perpetuating a stereotype of Limerick and its citizens which was inaccurate and misleading.The Limerick Communications Office complained that the advertisement was “irresponsible, ill-conceived and offensive, portraying misleading negative publicity and creating fear in the minds of visitors due to its location at the main bus/train station”.The ASAI said the complainants said they “felt it reinforced unfair and untrue negative perceptions by depicting an image of one of the city’s main tourist attractions covered with crime scene tape as if a major crime had been committed which was not true”.The responseThe Irish Examiner said that they regularly run ‘special investigation’ features.They said they pre-promote each special investigation to draw the public’s attention to them, and they were surprised by the reaction from Limerick to the ad.They said they had decided to feature several locations in Munster:because the Special Investigation covered the detailed crime statistics for each county and city. They had therefore produced regionalised versions of the advertisements for Clare, Cork, Kerry, Tipperary and Waterford, as well as Limerick. They pointed out that it was clear from the advertisement that there they would be publishing a crime supplement on a county by county basis.They had posted all six versions of the poster in the newspaper, on social media sites and online discussion fora “to demonstrate that the campaign was not focused solely on Limerick”.They considered that to have excluded Limerick from the regionalisation of the campaign and to have treated Limerick differently to all other Munster Counties would have been wrong.The advertisers also said it was never their intention to cause any offence to Limerick or any other residents, and that the Irish Examiner “had always stood out by seeking to portray a much more positive view of Limerick than that portrayed by other media”.Because of concern, they ceased the posting of the campaign mid-cycle, and had the existing posters covered up.Not upheldThe ASAI’s complaints committee noted that the Irish Examiner had not posted all the posters initially planned for, and had covered those already posted.It also noted that number of complainants had referred to the fact that crime statistics for Limerick were falling.They did not, however, consider that the advertisement suggested that they were particularly high as compared with other cities and did not consider that the advertising was misleading.On the question of offence, the committee noted that a number of the posters in the overall campaign portrayed iconic locations including the Rock of Cashel, “but that these had not generated complaints to the ASAI from the other counties involved”.They concluded that while they understood the concerns expressed by the complainants from Limerick:they did not consider that the content of the posters could cause grave or widespread offence within the meaning of Section 2.15 of the Code.Read: Irish Examiner editor defends Limerick crime billboard>last_img read more

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