Burlington Northern Railroad Co. v. Canadian National Railway Co.

[1997] 1 SCR 5 Court SCC Decision date 1997-01-21 Docket 24857 English

PartiesCanadian National Railway Company Appellant·Burlington Northern Railroad Company Respondent

Judges La Forest, Gérard V.; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by La Forest J.

On appeal from British Columbia

Subjects Arbitration

Contents

La Forest J.

La Forest J. ‑‑ We are all of the view that the appeal should be allowed for the reasons given by Cumming J.A., the dissenting judge in the Court of Appeal. Accordingly, the appeal is allowed, the judgment of the Court of Appeal is set aside and the order of Thackray J., pronounced December 3, 1993, staying the action, is restored. The appellant is entitled to its costs in this Court and in the Court of Appeal.