Via Rail seeks judicial review of CN’s speed restrictions

Via Rail is asking for a judicial review of the reasons why Canadian National Railway Co. has imposed speed restrictions that affect its new passenger trains. 

The Crown corporation said in a statement Wednesday that it’s seeking the review from the Federal Court because CN hasn’t provided any evidence or valid reasoning for the change.

“There is no evidence to suggest a safety risk associated with the operation of Via’s Venture trains at grade crossings,” Via said in the court filing.

It says the restrictions CN imposed on Oct. 11 are causing daily delays on Via Rail’s Quebec City-Windsor corridor, affecting thousands of passengers and damaging its reputation with travellers.

Via says CN did not follow the necessary procedure for the changes and it’s challenging the lack of transparency and fairness in CN’s approach.

CN spokeswoman Ashley Michnowski said in a statement that the company imposed the restrictions at rail crossings given the industry’s experience and known risks associated with trains similar to the ones Via has put into service.

“At the heart of this matter is a question of safety at rail crossings.”

Michnowski said CN imposed the restrictions as soon as it was made aware Via was running the trains, though Via notes it’s been using the Siemens Venture trains for more than two years without any incidents at level crossings.

The new trains have been shuttling between Montreal and Ottawa since November 2022 and between Montreal and Toronto since last October.

Via Rail communications director Jean-Vincent Lacroix said CN is making inaccurate public statements on the corporation’s behalf. 

“Via has yet to receive any concrete evidence or valid reasoning for the sudden imposition of these restrictions,” he said in a statement. 

CN, which owns most of the tracks used by Via in Central Canada, has said it made the decision when it learned the new trains were traversing routes they had previously steered clear of.

Canadian Pacific Kansas City Ltd. and Ontario’s Metrolinx transportation agency, which also host Via trains, have not imposed similar restrictions.

CN claims Via has agreed to buy the equipment needed to fix the issue but is going ahead with the court challenge anyway. Via disputes that it has made any such agreement.

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This report by The Canadian Press was first published Nov. 13, 2024.