Canadian Pacific Railway
Grains fund to repay over $200K to CP Rail PDF Print Email
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WINNIPEG — The grains research fund that benefits when Canada's major railways make too much money hauling Prairie grain must give Canadian Pacific Railway a partial refund from 2007-08.

The Western Grains Research Foundation, which on top of its checkoff funding invests railways' Prairie grain revenue overages in research projects on farmers' behalf, owes CPR $205,896, the foundation said Wednesday.

The Canadian Transportation Agency (CTA), which sets the caps on what the railways can keep from their Prairie grain handling, made the decision after having been ordered by the Federal Court of Appeal in February to rethink some of what it defined as grain revenue for CPR.

The CTA in late 2007 had found CPR was collecting cash penalties from Prairie grain shippers who failed to meet the 24-hour unloading condition CPR required under the railway's Multi-Car Block (MCB) Incentive program.

The CTA said those payments "could not be reasonably characterized as being a performance penalty" and thus defined it as grain revenue, putting CPR even further over its CTA-imposed revenue cap for the 2007-08 crop year.

But the Federal Court of Appeal ruled in February that those amounts were, in fact, "reasonably characterized as performance penalties" and thus referred the matter back to the CTA.
Court allows suit over deadly CP Rail's Minot derailment PDF Print Email
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WASHINGTON, D.C. — The Supreme Court says it won't block a lawsuit against a railroad involved in a deadly derailment in North Dakota.

The justices declined Monday to get involved in a dispute between the Canadian Pacific Railway and residents of Minot, ND. The Minot residents want to sue the railroad over a 2002 derailment that sent a cloud of toxic anhydrous ammonia farm fertilizer over the city. One man died trying to escape the fumes and others were treated at hospitals for eye and lung problems.

In 2006, a U.S. district judge ruled that federal law protected Canadian Pacific from claims stemming from the derailment. After Congress changed the law the same year, the St. Louis-based 8th U.S. Circuit Court of Appeals said the claims could be pursued.

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