• Background: Canadian National Railway Company (CN) appealed a decision by the Canadian Transportation Agency related to a revenue cap for transporting western grain. CN claimed that the Agency's forecast, which is part of the basis for setting the revenue cap, was wildly inaccurate and unduly limited what CN could charge??.

• Appeal Details: CN sought a court order to compel the Agency to disclose specific documents it wanted to use in its appeal. These documents included reports, working papers, and forecasting models used by the Agency for the decision under appeal??.

• Court's Decision: The court ordered the inclusion of the requested material in the appeal book, as described by CN, with the exception of a briefing note. The court also noted that some of the material might be confidential. However, CN had not made any submissions regarding the need for a confidentiality order or identified which documents should be covered by it??.

Conclusion:

The court's decision to grant disclosure of certain documents, with the exception of the briefing note, will allow CN to present additional material in its appeal against the Canadian Transportation Agency's decision. The case highlights the complexities involved in regulatory disputes and the importance of access to pertinent documents in the appeals process.