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Originally Posted by Charles5
Have to disagree. The wording is pretty specific. It doesn't say "if CTA doesn't reply". It specifically says "Failing timely issuance of a railway reconstruction order from the Agency" and "Failing timely issuance of the specified railway reconstruction order from the Minister of Transport Canada, Moose will apply to the Federal Court of Canada".
https://www.letsgomoose.ca/wp-content/up...eNo16-03784_210-R-2012_2016-08-15PDF.pdf
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The article @acottawa linked to said
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Potvin says if the CTA doesn’t respond to its request for a ruling on the matter
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The conclusion that @acottawa drew from that article (which is what he referenced) didn't seem to match the article, but I do see that it does say otherwise in MOOSE's documents.
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In other words, MOOSE wants the City to be ordered to change their construction plans and expects the CTA to issue that order. If CTA or TC don't do what MOOSE wants (ie: issue the order to the City), then MOOSE is threatening legal action.
A reply that simply dismisses MOOSE's complaint, or responds in a manner other than an order to reconstruct does not meet the requirements set by MOOSE in its escalation sequence.
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I think that there is adifference between this CTA case and the other three CTA cases that MOOSE has filed. The other three leaned towards
clarification of jurisdiction and the status of the PoW bridge (as a railway). In both the Maniwaki and Chelsea cases, jurisdiction was determined to be non-federal, and no one threatened legal action (again, the Chelsea court case was filed before the CTA complaint).
On the other hand, this case in particular is seeking some kind of action from the CTA. Why? Because the city hasn't followed the law or proper procedures in either one of the cases:
a) The city has not included the PoW bridge in its three-year plan for some reason, which could indicate that they don't intend to keep it as a railway. However, they have not gone through the proper procedures to abandon the railway. That combined with the fact that the city has maintained that they intend to keep the bridge as a railway for the future (which contradicts what is stated in their three-year plan)
b) The city dismantled part of the railway without following the proper procedures outlined in the law.
Perhaps I can restate what you said about MOOSE "expecting" and "wanting" this and that in a more neutral manner
MOOSE
expects the CTA to fulfill its mandate, and also
expects the city to follow railway laws since it is in ownership of and operating a federal railway. Failure to do either of those could very well lead to a court case since the CTA wouldn't be fulfilling its mandate of enforcing transportation laws, and the city would have broken the law.
Is the CTA ordering the city to rebuild the track what MOOSE "wants"? Well, yeah. That's pretty obvious. But you seem to want to frame this as an example of MOOSE being some kind of "CTA complaint troll" that just continuously spams the CTA with complaints until it gets what it wants, but that really isn't the case. As I've mentioned, the other three CTA cases did not result in any legal threats. This particular case only includes legal threats because neither of the other parties seems to be doing what they are legally required to do.
Edit: A quote from Mr. Potvin himself (emphasis mine):
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Originally Posted by Joseph Potvin
We expect the Agency to fulfill its mandate. See the escalation sequence in our original request for enforcement.
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That letter you refer to as a diplomatic action, I'm not sure if you've actually read it. It's simply a back door approach to try and get the City in essence to sign a blank cheque. It tries to have Council agree to something that MOOSE has proposed or drafted, without any real oversight or review, that essentially creates a contractual type of agreement. The City staff is smarter than that and that's why the motion was never passed, but I see don't put that in the category of "diplomatic" by any means.
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I don't see how any of that make it any less "diplomatic". They made a proposal to the city, and the city said no (and as you say, probably for good reason. something like this should be thoroughly reviewed). So, MOOSE can now go back, change some things, gather more information and make another proposal to the city later on. What part of this do you see as non-diplomatic?
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As for the rest of your examples, yes, Joseph Potvin has said that he talks to a lot of people, that simply makes him a salesman.
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I get the feeling that you don't really like salesmen. But again, what part of this makes MOOSE any less diplomatic in the actions mentioned above?
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Originally Posted by Allandale25
^ Key word: "Once".
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*"at least once".