Agency determined that it could adjudicate complaint concerning noise and vibration arising from operations at Rail Yard notwithstanding that parties previously entered settlement agreement with respect to same complaint. Appeal was allowed. Where parties finally resolved complaint in settlement agreement, practical effect of agency decision to ignore settlement agreement and adjudicate issues previously resolved would be to denude collaborative measures of any effect. Submission that parties did not present settlement agreement as final and binding agreement that would bar adjudication of second complaint was untenable. Agency failed to consider and decide central issues by parties including effect of settlement agreement. Decision was unreasonable.
BNSF Railway Co. v. Canadian Transportation Agency
(Sep. 28, 2011, F.C.A., Noel, Pelletier and Dawson JJ.A., File No. A-25-11) 207 A.C.W.S. (3d) 183 (15 pp.).