(Ottawa) VIA Rail is seeking a judicial review into the reasons why the Canadian National Railway Company (CN) imposed speed restrictions on its new passenger trains.
Updated yesterday at 6:54 p.m.
The Crown corporation says it is seeking a judicial review in the Federal Court after numerous attempts to engage with the company failed to produce evidence or valid reasons for the change.
“There is no evidence to suggest a safety risk associated with the operation of Venture trains at grade crossings,” Via said in the court filing.
She maintains that the restrictions imposed by CN on October 11 are causing daily delays on VIA Rail’s Quebec-Windsor corridor, affecting thousands of passengers and harming VIA Rail’s reputation among travelers.
Via claims CN did not follow the necessary procedure for the changes and disputes the lack of transparency and fairness in CN’s approach.
A CN spokeswoman, Ashley Michnowski, said in a statement that the company imposed the crossing restrictions given industry experience and the known risks associated with trains similar to those Via has put into service. “At the heart of this matter is the question of safety at level crossings,” said Mr.me Michnowski.
She said CN imposed the restrictions as soon as it was informed that Via was running the trains, although Via points out that it has been using Siemens Venture trains for more than two years without any incidents at the 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 maintained that CN was making inaccurate public statements on behalf of the company.
“Via has not yet received any concrete evidence or valid reasoning for the sudden imposition of these restrictions,” it said in a statement.
CN, which owns most of the tracks Via uses in central Canada, says it made the decision when it learned the new trains were using routes it had previously avoided.
Canadian Pacific Kansas City and Ontario transit agency Metrolinx, which also host Via trains, have not imposed similar restrictions.
CN says Via agreed to purchase the equipment needed to resolve the problem, but is still pursuing legal action. Via denies having entered into such an agreement.
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