- Parties: The appellant was BNSF Railway Company. The respondents were the Great Vancouver Water District, Canadian Transportation Agency, and Canadian National Railway Company. 

- Subject Matter: In 2021, the Great Vancouver Water District applied to the Canadian Transportation Agency for authorization to complete certain rerouting works. The district alleged that a 1979 agreement authorized the existing East watermain and that it disagreed with the appellant over the rerouting works. The appellant countered that the East watermain was not a “utility crossing” under the Canada Transportation Act, 1996 since it did not cross its tracks. The agency found the rerouting works suitable and authorized the district to construct and maintain them at its cost. 

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court held that “railway line” – under the definition of “utility crossing” in the Canada Transportation Act – included the railway right of way contiguous to a railway’s tracks. The appeal court found this interpretation consistent with the text, context, and purpose of ss. 100 and 101 of the Canada Transportation Act. The appeal court said that it lacked jurisdiction to consider the agency’s interpretation of the 1979 agreement since the appellant failed to identify any legal error. 

- Date: The hearing was set on Dec. 12, 2023. The appeal court released its decision on Jan. 17, 2025. 

- Venue: This was a federal case before the Federal Court of Appeal. 

- Amount: The appeal court ordered the appellant to pay costs in an unspecified amount.