Originally Posted by
palefire
See post #9662 for those of you (like me!) who've lost track of what A-402-13 is. Someone should correct me if I'm wrong, but as I understand it, although the Federal Court of Appeal (a while ago) declined to hear LX's appeal of CTA's original decision in the case, and (a few days ago) declined to hear LX's appeal of CTA's final decision to throw out Tariff Rule 5(F) after the show-cause process, there *will* be a judicial review of CTA's rejection of LX's claim that CTA should reconsider their original decision based on "new facts or circumstances" that arose [though that review is stayed pending the appeal to the Governor-in-Council, which could render the whole thing moot].
that's about what i worked out too.
I would probably agree with that. The CTA's decision on the tariff sounds about right.
but the CTA appeared ignore Supreme Court precedent which said an agency may re-open a case if it is in the interests of justice to do so.
it is the second part that will now be allowed.