I posted in this reply in another forum and thought anywhere here following this thread may also be interested.
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Originally Posted by Joseph Potvin,
@Allandale25,
The Agency's decision ( https://otc-cta.gc.ca/eng/ruling/95-r-2017 ) dismisses the request to reverse the discontinuance order due to insufficient information. Look at each of the points in their "Analysis and Determinations" section. Basically, they told us exactly what information they're going to require before such an unusual step as a review, rescission or variance of the 1966, 1984 and 1985 Orders. It should be no surprise that, yes of course, we're doing the required additional homework and will next go back to the Agency with all those elements addressed.
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Sure, let's look at each of the "Analysis and Determinations" points:
So you're going to provide more "new" facts that will convince the CTA to do a review, in reference to "[17]....however, the Agency finds that MOOSE has not established that these new facts warrant a review, rescission or variance of the 1966, 1984 and 1985 Orders."
A rail line between Hull and Wakefield that had a tourist train and no transcontinental or regular local freight service for its entire length (correct me if I'm wrong) was an integral part of CP's "railway network" simply because it connected to CP's tracks to the south. How is this any different to when the CTA let BCRY abandon the Barrie to Collingwood portion of the BCRY or the rumours Huron Central Railway wants to abandon the Sault Sainte Marie to Sudbury line? Both lines connected to the bigger CP/CN network. For this time, the CTA wrote "[18] MOOSE did not provide any evidence to support this claim other than citing the GO Decision.
Per [19], it seems like a pretty cut and dry issue. CP abandoned the line and offered to donate some crews for the tourist train but didn't provide next to any freight service for customers. Sounds pretty abandoned to me. I don't see much difference between the York Durham Heritage Railway having qualified engineers and running a tourist train and what happened here. Why does it matter who provided the crews? That argument seems like you're grasping. Not sure what new info can be provided.
Per [20], what CP "orders" were impacted by CP letting a tourist train to run on a dead ended rail line? Can you elaborate on what the CTA means by "orders"?
Per [21], you're going to do "additional homework" to find "orders" (freight movement orders?) on land titles, transfer or survey records? What would these types of records show that the CTA wouldn't already be aware of?
[22] appears to be irrelevant at this point.
When do you think you'll refile? If the CTA rules against you again per the above, will you remove this portion from your network?
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What we're delighted with in the decision is that they acknowledged as valid the key historical finding that we unearthed and tabled: "On July 2, 1986, CP signed a letter of agreement (agreement) with the City of Hull (now the City of Gatineau), the Municipal Corporation of the Township of Hull, West Part (now the Municipality of Chelsea) and the Municipality of La Pêche (which now includes the village of Wakefield)."
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An agreement was signed. There was bad weather. The municipalities decided they didn't have the money to repair the tracks. The agreement was between CP and the municipalities. Have any of the municipalities or CP amended the agreement to now include MOOSE? It's a nice historical fact but I fail to see how it helps you.
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FWIW, everyone also thought Moose "lost" the 2012 decision relating to the Prince of Wales Bridge. And yet the Agency's current enforcement action against the City of Ottawa is based on it.
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The CTA sent a letter to the City of Ottawa. This summer the City of Ottawa responded. No news since then, right? The CTA hasn't released a decision saying they reject Ottawa's answers and have now ruled Ottawa was wrong and MOOSE gets to use the bridge?