Day 60 Hunger Strike; Jackson v CNCP

[TOM4CWB]

Erv Abbot a friend from Three Hills asked about our Hunger Strike and if it was still on! Day 60! I sent a e-mail to Senator Pana Merchant, MP Leon Benoit, CC'd The PM Harper... Minister for State of Finance Sorenson... and tried to call Devin Dreshen Ag Canada many times!

Hard to break through the transportation of information... lack of response out here in western Canada!!! Grin! Hope to start planting peas today at Killam... Fabas well on the way to being done in Sherwood Park! Thx Tom!

[TOM4CWB]

Thanks Erv for sending a text t 770770 in Calgary asking if this was newsworthy!

[TOM4CWB]

CP Rail Grain Train at Killam AB

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[TOM4CWB]

CP Rail Hunter Harrison/CP Board of Directors; Boasting about record profits... [on the backs of poor service for grain farmers with many contracts being delivered months late this winter/spring 2015!


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[TOM4CWB]

Day 60 Recap:


CP reports record Q1 2015 OR of 63.2 percent and earnings per share of C$1.92
See all news April 21, 2015 Calgary, AB
​​​ Q1 adjusted earnings per share climb to $2.26

Calgary, AB – Canadian Pacific Railway Limited (TSX: CP) (NYSE: CP) today announced the lowest first-quarter operating ratio in the company's history and the highest-ever net income for the period.

Revenues climbed 10 percent to a first-quarter record of $1.67 billion. Net income rose to an all-time quarterly high of $320 million, or $1.92 per diluted share, an improvement of 33 percent. Adjusted earnings per share improved 59 percent to $2.26.

"CP's success in the first quarter of the year is the result of hard work by its people and a business model that responds nimbly to any shift in economic conditions," said E. Hunter Harrison, CP's Chief Executive Officer. "CP's relentless focus on rail safety and cost control has created a solid foundation for growth, innovation and creative collaboration with customers."

FIRST-QUARTER 2015 HIGHLIGHTS

Revenue climbed 10 percent to $1.67 billion
OR fell to a first-quarter record 63.2 percent, an 880-basis-point improvement
Adjusted earnings per share advanced 59 percent to $2.26

"The diversity of the business and efficiency of CP's network and team has the company well positioned for the rest of the year," Harrison said. "Amid persistent uncertainty in the pace of the North American economic recovery, CP continues to demonstrate the ability to recognize and capitalize on new business opportunities and operational efficiencies."

"We are confident in our plan and our people, and are committed to achieving our goals for 2015," Harrison said." (CP Rail Web Site)

Record profits... while service to grain farmers is dismal... for the second year running... this year (2015) with a nice winter!!!

[TOM4CWB]

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

I did not owe CNCP any money personally...

Yet my farm is tied up by CNCP's $423,000 writ of redemption on all my farm land.

I object.

Clearly; The Supreme Court of Canada/Canadian Courts refused to give back the over payments CNCP demanded back on rail car fees overcharged they did not actually need to maintain our gov. owned grain hopper cars.

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

Now I am a vexatious slandering farmer... who must be punished! Day 60 of my punishment!!! Jackson v CNCP Hunger Strike!

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???
IP: Logged
Edit?

TOM4CWB Reply posted Apr 25, 2015 11:34
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!!!

[foragefarmer]

Tom4cwb

Just wondering, if it was possible to go after CNCP for years prior Aug 1,2007, would the Farmer Rail Car Coalition not have done so? It was up front and center at that time, and all parties involved had it fresh in their minds.

Before taking on CNCP in court did you talk to Sinclair Harrison at FRCC to see if they had consider it, or if it was even possible to do so?

[bucket]

Rubber stamped CTA increases in grain freight charges have eaten any savings.

[wilagro]

Hunter Harrison most likely has a dartboard with Tom's face on it and amuses himself hitting the BULLSEYE when he is not patting himself on the back for the exceptional success he has had with The CPR in the last quarter.

Tom...give up the silly hunger strike...nobody CARES.
=============

[TOM4CWB]

Forage,
Alberta Class Action legislative changes were considered by some to be more 'friendly' to attempting an Action... after recent changes;

"Alberta becomes an ‘opt-out’ province

But lawyers don’t expect a rise in class actions

By Daryl-Lynn Carlson

The Alberta Legislature recently gave third-reading approval of amendments to its Class Proceedings Amendment Act 2010, which will enable the province to become an “opt-out” jurisdiction for class action lawsuits. Alberta joins six other provinces that have either similar legislative provisions, or precedents set by the courts.

This essentially means that a class action lawsuit with a national – or international – scope that is certified in Alberta will be open to all qualified plaintiffs unless they opt out formally or simply decline to make a claim should a settlement in the case be achieved.

Yet the updated provisions in Alberta, which will take effect in early 2011, are somewhat different than those in other opt-out jurisdictions such as Saskatchewan, Manitoba, Ontario, Quebec, and Nova Scotia."

The question of Common Law standing, and the other issues decided in Jackson v CNCP were novel and decisions that only Courts could decide.
Few would have predicted/expected the outcome of awards on costs [$423,000] in J v CNCP. This chilling effect on costs awarded will obviously will render the Alberta Class Action Option even more remote than expected before.

The recent decisions that the CTA made were fulfilling requirements of the CTA statute... not discretionary adjustments that would favour a certain party (IE Shippers or Railroads individually)

[TOM4CWB]

Thanks Willy,

Many folks in the country I speak with are flabbergasted by the CNCPrail lack of 'general public' consideration for reputation the CNCP railway brands acquire with this move against farmers.

Western Canadians are truly in a changing political landscape, CNCP Rail collusion/lack of public relations concern in CTA review respecting grain transportation service/performance surprises almost everyone without question.

We will need to fight every mm of this journey... of this there is no question.

[tweety]

There never was anything to sue over. More specifically win at suing over.

[TOM4CWB]

Thanks Tweety,

Perhaps you SHould hang out your shingle. Folks always need new faces to represent them!
Cheers.

[foragefarmer]

Tom4cwb

You never did answer my question.

Before taking on CNCP in court did you talk to Sinclair Harrison at FRCC to see if they had consider it, or if it was even possible to do so?

Sinclair (FRCC) would have had a lot of valuable information on the entire file which cut have helped your court case against CNCP. To me this would be doing my homework before starting.

[TOM4CWB]

Forage.

1) I am NOT a Lawyer.
2) I was NOT in charge of this file... my name was simply the farmer to represent the class of grain farmers in western Canada...
3)that CNCP overcharged...
4)which we know happened...
5)because after the CTA Cap was lowered because of these overpayments on rail car maintenance... CNCP fought to stop the CTA cap reductions;
6)Because the Railways revenue decrease attributed Hopper grain rail car Maintenance for the (close to) two decades of RR overpayments.
7) How else can I answer these questions... as the Farmer Rail Car Coalition did not, and were not, asking the courts to return to grain growers any of these overcharges on maintain... which;
8) now CNCP say this money was NOT overpayments... but simple entitlements they (CNCP)were allowed to take... above the actual costs to maintain the cars.
9) I do not see that FRCC is a lawyer.
10) CNCP did not throw this Class Action out as 'Frivolous and Vexatious' or charge Tom Jackson with slander before the ruling in the Alberta Courts.
11) Had CNCP wanted... and proceeded with the 'no chance' 'Frivolous and Vexatious' motions in Alberta COurts... 12) I am sure that CNCP had the legal minds... and corporate motivation... to throw out this Class Action.... before CNCP wasted well of their own funds (well over $1.3M) fighting this Class Action.

I hope I have explored all the corners of your imagination... and clearly answered all questions that I could possibly answer in a factual manner.

Cheers!