Background:
The case arose from a collision on January 30, 2018, between a transport truck owned by Direct General Partner Corporation (operated by Thomas Henderson) and a train operated by Canadian Pacific Railway Company (CPR). The collision occurred at a public railway crossing in Regina, Saskatchewan, resulting in property damage to CPR's equipment.

Legal Arguments and Issues:
CPR sued the defendants, including Canada Cartage System Limited Partnership, Canada Cartage Diversified GP Inc., ABC Corp, Jane Doe, and Thomas Henderson, for negligence and claimed significant damages. The defendants counterclaimed, alleging CPR’s contributory negligence for failing to operate the train prudently and adhere to the Canadian Rail Operating Rules (CROR). The counterclaim was struck as time-barred. On appeal, the defendants challenged the dismissal of their counterclaim and the admission of CPR's affidavit evidence. CPR cross-appealed, arguing that the court should summarily determine issues of contributory negligence and damages.

Court’s Findings:
The Saskatchewan Court of Appeal upheld CPR's position, determining that CPR was not contributorily negligent and confirming that the damages claimed were valid. Although the court found that the counterclaim should have been allowed as a late amendment, it was ultimately inconsequential due to the findings on contributory negligence.

Award and Costs:
The court awarded CPR damages of $645,149.25, plus pre-judgment and post-judgment interest. CPR was also awarded costs for the cross-appeal on Column III, with no costs granted for the defendants’ appeal.