Summaries Sunday: Maritime Law Book

Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.

This week’s summaries concern:
Telecommunications / Minerals and Mines / Administrative Law / Railways / Carriers

Telus Communications Co. v. Canada (Attorney General) 2014 FC 1
Administrative Law – Telecommunications – Courts – Limitation of Actions

Industry Canada (Minister) decided to auction off spectrum in the 700 MHz band for commercial mobile systems. After consultation with interested parties, the Minister set terms of the auction and conditions on the licences (in the “Policy and Technical Framework” and the ”Licencing Framework” decisions). Telus Communications Co. was affected by the decisions because of the spectrum cap on large wireless service providers. Telus applied for judicial review of the authority …

Geophysical Service Inc. v. Canada (Attorney General) 2014 NSSC 172
Mines and Minerals – Statutes

Canada awarded a seismic acquisition contract off the coast of Labrador to Fugro Jacques Geophysical, which hired an Italian-flagged ship to do the work. Geophysical Service Inc. (Geophysical) owned the only Canadian-flagged ship that was capable of doing the contract work. Geophysical sued Canada, alleging that it had unlawfully interfered with Geophysical’s economic relations. Canada moved for summary dismissal of the action. …

Canadian National Railway Co. v. Canada (Attorney General) et al. 2014 SCC 40
Administrative Law – Carriers – Railways

Peace River Coal Inc., in its complaint to the Canadian Transportation Agency under s. 120.1 of the Canada Transportation Act, sought an order establishing reasonable fuel surcharge rates for the carriage of its coal by the Canadian National Railway Company (CN). The Agency described the complaint as a request for “an order requiring new fuel surcharge rates to apply to the confidential contract for carriage of its traffic by CN”, and dismissed the application, finding that it had …