Video; Jackson V CNCP Fundementals of Justice

[TOM4CWB]

Figured out how to get the link from our "Freedom Talk' Calgary Economic Education Association Convention in Calgary!
Irony... CN was just across the hall way at the facility!
Sincerely,
Tom Jackson Killa

[grassfarmer]

So you said that your lawyer sent the first payment of the money you owe to CNCP - I'm assuming that is why there is still a writ on your property for the whole sum owed.
Presumably payment in full would see the writ removed?

[TOM4CWB]

Grassy,

Do you actually think any of this legal case... is about being fair to grainfarmer/farmers???

That CNCP cares of one second what happens to my farm or family???

CNCP costs on grain hopper car maintanance for close to 2 decades meant we paid close to 3 times the actual costs as indicated below in the Backgrounder.

With CNCP... it matters not who is run down. I have no control over what they do...

I did not owe CNCP the funds... still do not.

Yet my farm is tied up by CNCP's writ.

I object.

Clearly; The Supreme Court of Canada/Canadian Courts refused to give back the over payments CNCP demanded.

How many millions did CNCP cause to be spent... of taxpayers money... to get this decision?

Background:

Western Producer;Rail car appeal hits end of line
Posted Apr. 30th, 2009 by Adrian Ewins

"Issue of hopper car maintenance costs has finally been laid to rest.

The Supreme Court of Canada last week declined to hear an appeal by the two national railways against the calculation of the 2007-08 revenue cap.

As a result, a $72.2 million reduction in the cap, reflecting actual hopper car maintenance costs, will be a permanent part of the annual revenue calculation.

“That’s great news for the farmers of western Canada, as far as I’m concerned,” said Sinclair Harrison of the Farmer Rail Car Coalition.

The FRCC was instrumental in uncovering the hopper car maintenance issue when it was bidding to buy the federal government’s fleet of hopper cars several years ago.

Harrison said the end of the legal challenges means that money is now embedded in the revenue cap for as long as it exists.

“Every year farmers will save $72.2 million,” he said, which works out to about $2.60 per tonne based on average grain volumes.

“That’s a big number, and when you look down the road 10 or 15 years and add up the total savings, it’s even bigger.”

The railways had asked the Supreme Court for leave to appeal a Nov. 24, 2008, ruling by the Federal Court of Appeal, which upheld the Canadian Transportation Agency’s calculation of railway costs for the purposes of the 2007-08 revenue cap.

The appeal by Canadian National Railway and Canadian Pacific Railway centred on the CTA’s calculation of the hopper car maintenance costs and the fact that the agency’s decision was retroactive to Aug. 1, 2007.

The Supreme Court declined to provide any reasons for its decision not to hear the appeal.

Both railways say they were disappointed by the decision.

It will free up tens of millions of dollars that have been held in trust by the Western Grains Research Foundation for the past four months.

Because of the hopper car issue, both railways were well over their revenue caps in 2007-08 and had to pay the excess amounts to the WGRF.

However, the money was held in trust pending the outcome of the legal challenge.

CPR was $38.9 million over its cap (including a 15 percent penalty), while CN was $29.9 million over its cap (including penalty.)

Most of that money will now be released to the WGRF but some will be held back pending the outcome of several other court challenges launched by CN against the methods used by the CTA to calculate 2007-08 rail revenues, aside from the hopper car issue.

WGRF executive director Lanette Kuchenski said the agency will have to figure out how much is at stake in those court challenges and ensure enough money is retained.

“We have to determine what impact it might have and how much might have to be paid back to the railways.”

She said that even though the remaining court cases were all launched by CN, the decisions in those cases could also affect CPR’s revenue entitlements.

“We just have to wait to sort it all out,” she said."

CNCP continue to chalk up record breaking profits... TODAY...even though being paid: actual, real costs to maintain our own grain cars.

Again: Did you actually think any of this... is about being fair to a farmer???

[TOM4CWB]

Irony; "...the end of the legal challenges means that money is now embedded in the revenue cap for as long as it exists."

Is there any question why CNCP are demanding the end to the 'Revenue Cap'?

Jackson v CNCP class action (non)case proved we have no Common Law property rights.

In summary:

CNCP got paid an extra c...for what they did not provide...

And when we questioned this injustice... they aggressively and enthusiastically defended the CNCP right to charge above cost... then won in the Alberta Courts the right to keep this extra [$1B?].

Yet after CNCP winning the legal case... I am a vexatious, slandering... western Canadian grain farmer... who the likes of should be certainly stopped from ever thinking of entering a court chambers again... to seek justice.

This is truly Railroad Justice CNCP style!!!

[grassfarmer]

You went to court and lost the case, costs were awarded against you and when you pay them the writ will be lifted. Isn't that the long and short of it?

Your concern about what is "fair to farmers" in legal disputes is touching. I don't remember you having the same concerns for farmers on the other side of legal disputes from you over the CWB. You were all RaRa for the Government side and to hell with the farmers who wished to see the CWB monopoly continue.

"Do unto others as you would have them do unto you"

[TOM4CWB]

Thanks Grassy,

Your help is... well thanks for the encouragement!

Have fun in MB!!!

[tweety]

Grassy said "You went to court and lost the case, costs were awarded against you and when you pay them the writ will be lifted. Isn't that the long and short of it? "

Can you please just answer the question?

[TOM4CWB]

Tweety,

Obviously these issues you ask about...
1)Are totally outside my control...;
2) I am not a lawyer;
3) Do not owe any money to CNCP...

How could I answer this question?

[tweety]

I'm thinking the judge sided with CN just to get you out of the courtroom.

Tom, why do you owe 400k?

[TOM4CWB]

Why is there a Writ against our families farm?

[tweety]

OMFG! Yes!

[Hopperbin]

Tom??????????
Should not cnorcp have asked the lawyer for money on a class action if they claim damages????????? The lawyer is the one to gain so I am asking. You were working on behalf of farmers. Did your lawyer screw you????????????