Decision No. 508-R-2006

September 21, 2006

File No. R 8050-1

APPLICATION

On May 24, 2006, Toyota Motor Manufacturing Canada Inc. (hereinafter Toyota Motor) filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title.

In its Decision No. LET-R-141-2006 dated June 9, 2006, the Agency requested comments from the Canadian Pacific Railway Company (hereinafter CP), Toyota Motor and other interested parties on the ownership, control or operations of the Toyota Spur. Toyota Motor filed comments on July 11, 2006, and CP did so on July 12, 2006.

ISSUE

The issue to be addressed is whether the Toyota Spur forms part of CP's railway system and is therefore under federal jurisdiction.

ANALYSIS AND FINDINGS

The Agency has carefully considered the submissions of the parties and notes, in particular, CP's statement that following discussions with other affected parties, it will assume ownership of the Toyota Spur. The Agency finds that the Toyota Spur forms part of CP's railway network which is covered by Certificate of fitness No. 96001-2 and that it is subject to federal jurisdiction.

COSTS

The Agency notes that Toyota Motor has requested that substantial indemnity be granted for its costs in relation to its submissions and communications to clarify and confirm the jurisdiction of the Toyota Spur.

The Agency's practice for such requests has been to review each application for costs on its own merit and to award costs only in special or exceptional circumstances. The Agency finds that the present case does not meet those special or exceptional circumstances. Accordingly, the Agency hereby denies Toyota Motor's request.

Members

• Baljinder Gill
• Beaton Tulk