What a way to run a railroad. Agriweek Mar 2

[TOM4CWB]

RAILWAYS, LAWYERS, JACKSON & THE LAW

Under the agreement which provides them with use of government-owned grain cars at no charge (except when used for service other than western grain) the railways are required to maintain them, for which they are compensated in the revenue cap on grain rates. The fairness of the charges was questioned, among others, by the Rail Car Coalition, a farmer group that tried to gain control of the cars in 2002. It claimed that the work could be done by contractors for a fraction of what the railways were collecting. A later costing review confirmed that between 1995 and 2007 the allowance indeed did exceed actual costs by several times. For example in 2007-08 the railways were entitled to add $105 million in their costs for car maintenance with actual expenses of $33 million. Rates were adjusted down star ting with the 2007-08 crop year from $4,379 per car per year to $1,371, but the railways were not asked to return any previous
overage either to shippers who paid the freight or to the government as owner of the cars. Three legal class actions were attempted in Saskatchewan and Alberta on behalf of farmers for recovery of the portion of grain rail
costs represented by excess charges for car maintenance. The lead client in the first in 2008 was Gordon Wallace of Unity. The second in November 2009 named Alberta farmer Boyd Bianchi and the third was in 2010 by Tom Jackson of Killam. The Bianchi suit was later
expanded to include one farmer from each western province. Counsel in all cases was the (Tony) Merchant Law Group. It is a leading Canadian firm of percentage lawyers, which at any given time has over a hundred cases on the go, including numerous Indian claims.
Merchant would have received a substantial part of any settlement but is not liable for counterclaims.
None of the suits got as far as being certified as a class action. Defendants in such cases are not required to file statements of defense before certification. All three actions were dismissed on summary judgment with court costs to be negotiated. The Alberta court eventually
awarded costs of $423,023 to the railways and against Jackson personally.
The order has been appealed.
Actions by percentage lawyers attracted vigorous defense by the legal legionnaires of the railways. But no company with any concern for its public image would press a half-million claim against a farmer who was just trying to test the waters. The railways are out to make a brutal, ruining example of Jackson to discourage anyone else who might get ideas.
What a way to run a railroad.

We will pay... if we say... the obvious.

[agstar77]

I wonder if they were paid when the cars sat for 2 years?

[TOM4CWB]

Keith Creel, the chief operating officer of the CPR, told a rail convention in Florida recently that the railway does not expect regulations for minimum movement under the Fair Rail law to be continued for the 2015-16 crop year.
He said the regulation did not increase grain movement and is not necessary, since the railways are operating at
peak capacity. In its submission to the rail transport review, the CPR demanded that the grain revenue cap be removed. It said crop prices have outpaced the cap, implying that farmers can be reasonably expected to pay more for grain freight.

"Peek Capacity they claim... WOW. So how exactly would paying more to the great Hunter... create more capacity out here in the rail? Tom4cwb"

“Money has never made man happy, nor will it. The more of it one
has the more one wants.”
Benjamin Franklin

[Hopperbin]

We already do pay them more every year. We guarantee them a profit.

[TOM4CWB]

Hopper,

What could be more obvious...

The infrastructure is all in place... all that is required... is to increase the frequency and velocity of their assets... to gain a guaranteed expanding profit... as they increase the volume of our grain.

We are loosing huge value on our grain because our monopoly will not provide reasonable service...

Who would want to pay full price for grain overseas... when it will often be delivered 30, 60... or more days late? How can anyone run a factory with that kind of supply uncertainty??? So they buy at a premium from someone who will supply on time and the requested quality.

We have a very long way to go... to become a reliable supplier which provides farm gate premium prices.

[wmoebis]

Maybe if we had a Commission who's mandate included: "was to regulate grain handling in Canada, and to ensure that grain is a dependable commodity for domestic and export markets"

[sawfly]

well i give credit for your legal attempts . if you are tom Jackson.

but it is your boys running the show.

you would think these actions by the rail roads would jog you and your parties thinking about how your unfettered capitalist monopoly approach is serving the nation .

from this article, it is quite apparent that fraud, theft and intimidation is normal business practice.

what message does your govt. send about all this?
we will do nothing.

now the railroads are telling the govt. the (pitiful) performance targets
are to be removed.
(talk about nerve)

your guys have led us to this pathetic point in every aspect of agriculture.

we are just cash cows to be freely milked by corporations with the blessing and laws enacted by your party.

i just do not know what to make of this post of yours.

it is like YA....... ................ ah
and..............................................
hint hint. ....................
conclusion .................................................. ....................

your guys with some help from
the liberals , have managed to enslave
60,000 small business farmers.

now you complain about it.
mind boggling.

your admitting now that corporations
are now running the country.

stop freaking me out.

did you accidentally take some of Ritz's medication at the meeting the other day.

[SASKFARMER3]

Tom it sounds like alberta this year has issues like sask had last year with rail service! It sucks, it's the shits and plain screwing farmers! Grain companies one showed their margins for last year guess what huge! But they did say had a bad year once that's makes it all better!
Big problem in canada and growing more just gives them a reason to do nothing!

[blackpowder]

Always marvelled at you willingness to stand in front of a speeding train Tom. Good for you.
So, in point form. What to change? As I see it we have to overcome eighty years of attitude from all sides.
What if the govt did not own any cars?
What if there were no rate cap?

I'm a complete laymen but what if we had a constitution that doesn't rely on the Supreme Court for every tiny thing?
Right to work laws?
Anti Combines Acts?

I see the rate cap going and I sense that is a good thing. Is any body planning for the future?
I think the cons are in a very lame way. Certainly not so the LibNdp.
In my uneducated view the govt has no business owning rail cars either.
OK Angryvill, solutions! A rut is just a coffin with no ends.

[grassfarmer]

That's what I don't understand sawfly. TOM has this deal going on and at the same time supports adoption of UPOV'91 under C-18 from his beloved Cons.
The new regulations specifically give seed companies the ability to ask the courts to seize the assets and equipment of farmers for alleged infringement on patent rights or plant breeders’ rights even before the case is heard. Mere suspicion allows your assets to be seized - what happened to innocent until proven guilty in Canada?

[bucket]

Here is the tin foil theory.


I suggest that the cwb sell the Lakers and buy all available hopper cars and form a holding company. Ritz has said the cars are not worth SFA anyway.

Provide cars for their own facilities and then let others bid to use the remainder.

Continue to lobby the government for open rights, buy a few locomotives and then see how this plays out.

Not sure I should have thrown it out there but WTF.

They could also use the cars to bring off shore fertilizer to the prairies.

So there is a start of an idea. Crazy hey?

[Hopperbin]

Buying hopper cars and maintaining them will pay off. In fact buy our share of the track and all of cn cpr. Should be bankable. So then when they want to charge oil car maintenance to farmers we say **** you. I mean there has been a lot ot rail traffic increase over the last 20 years. Seems to me grain farmers are paying for it and the extra maintenance.

[bucket]

Or maybe fna could get them as a holding company for loaded traffic both ways.

Would any intelligent railroader , read hunter, turn that business down.?

[bucket]

An fna like company. Lol.

[sawfly]

what is going on here?
the solution to the problem is not doing the same things over and over again.

Toms article clearly states what the RRs have been up to.(just in one area)

so what makes anyone think removing the freight cap is a good idea.

we gave the rrs everything they wanted before.. they took the money and ran. no investment( maybe in the US) in infrastructure.
no service.

so now give them unlimited ability to charge. they would not have to invest a dime or provide better service.
they could shrink their investment and pocket even more.

it is time to play hardball with the railroads.

sadly we have a govt. that is in the RRs pocket.

at least in the old days you had the threat of nationalizing the bastards.
mulroney took that away with the FTA.
now with little threat .

they are showing their monopolistic power. above the law

if i submitted a 100 million$ false expense claim to the govt.
i would be in jail.

it blows my mind then when Conservatives create the situation ,
then are surprised. how badly it turns out.

the class action participants are all conservatives.

How can you be surprised?