I have been thinking about this hunger strike and wasn't sure if I should comment. But here is goes. You sue a company for whatever your reason was. Whether is just or not that's irrelevant. You lose so the company goes after you for costs just as you would if somebody sued you and they lost. You don't pay so they put a lien on your assets just like anyone would in their situation. Remember you went after them. We all know what lawyers cost and you knew what the risks were. $423K for years of back and forth negotiating and actual trial time isn't ridiculous. So now you go on a hunger strike because you don't think it's fair when if roles were reversed you would do the exact same thing. Just cause it's a big rail company doesn't mean they are wrong for defending themselves and wanting their costs covered. I think what your doing doesn't have the support you think and to be honest is a little childish.
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vvalk,
1) We tried to start a "Classaction" to have all grain growers in western Canada compensated... our farm at most would have perhaps $2-5000 in value that would have likely been passed on to WGRF.
2) CNCP enthusiastically defended against us starting this class action... and were successful in stopping it from starting. CNCP won the right to claim they did nothing wrong... in the eyes of the Alberta Courts. The Alberta Courts stated this was a 'novel and public interest' case... and so allowed the full exploration of CNCP to prove their case.
This is the largest Class Action court Cost award in Alberta history.. especially significant when we consider it did not receive standing in court.
If this in fact were slandering and vexatious... as CNCP accuse me of hurting their good name before the Madam Justice in public Alberta Court of Appeal Feb 24 2015... then CNCP had a duty to have the case ejected and never allowed any court time spent on this issue... let alone as they claim... to spend $2M defending against the overcharges on grain hopper railcar for maintenance.
3) The facts were established as CNCP fought against the very same issue... all the way to the Supreme Court of Canada (refused leave to appeal)... against the Gov. and CTA... for rolling back the maintenance paid to actual costs... which did cost CNCP $72M per year since 2007-08 and lowered our freight cost $2.20/t for export grain shipments... reducing the basis for grain growers going forward. Had the Alberta Courts chosen to give grain growers standing under existing Common Law Maxims... we would have had standing to proceed. We have no common law rights... therefore the only solution is, as was done... change the legislation governing Railway behavior.
The Railways ARE being paid. No one ever said they would not be paid. I object to the Writ being placed on me... in a veiled attempt to bully me and force me to shut up.
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The writ was slapped on Tom's farm before he had a chance to write the cheque. A cheque was sent. I presume it's still uncashed, Tom.
The real object of CN's methodology, in my humble opinion, was to intimidate farmers. The message is this: Farmers had best not ever try to sue CN again or they will use every legal means to raise havoc upon you. Consider yourselves informed.
CN is a business partner I'm not fond of.
Farmers need another business partner who is a bit keener, and more business-oriented than CN/CP, to do business with us. And I'm quite sure we will. Parsley.
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Tom for this to work you have to assume that CN/CP shareholders, including and predominantly Warren Buffet and Bill Geates, the esteemed Board of Directors with paragraphed accolades of achievements, each, the genius of multimillion dollar valued CEOs and management give a darn about injuring a life, a family or a business, in other words have a social conscience beyond 40% return and share value.
If as you say the cheque has been sent and not cashed indeed the action speaks for itself.
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WesternVicki,
AS I do not know what has transpired... I cannot for certain confirm what has happened. As I have indicated before this is not in my hands or control... as was everything else in these legal proceedings. I am a simple grainfarmer who simply stood in name... to represent the class of western Canadian grainfarmers... who before 2007 were concerned that $72M/yr. back to 1992...more than cost was charged on grain rail hopper car maintenance payments to CNCP. I was involved with the Farmer Rail Car Coalition... met with Alberta Government Transport officials... who confirmed there was a problem with the CNCP costing on this maintenance expense back in a number of meetings in the early 2000's.
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I know what you are saying Tom.
But you still have to assume that someone at the railways gives a damm about a farmer who tried, and the consequences of not reacting.
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Dear WesternVicki,
The court of public opinion is where this battle is to be won! We were just discussing about Via rail and the need it has for profit making freight... to diversify this Billion $$$ corporation! Perhaps it can use the gov. hopper cars and haul grain, potash and fertilizer for western Canadians!!! What do you think, is this thinking that far out of the box?
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