Louis Dreyfus Company Canada ULC v. Canadian National Railway Company, 2026 FC 561
Justice Diner - 2026-04-28
Read full decision. Summary prepared by Alan Macek:
After considering the respective positions advanced, I am satisfied that Tariff B, even as amended, would not yield an adequate or proportionate contribution towards LDC’s reasonable litigation expenses. As a result, I will award a lump sum of $1,303,045.93 payable by CN to LDC. … Since the coming into force of the amendments [to Tariff B] on December 21, 2025, there has been scant judicial commentary on them. … Considering the principles reviewed above, I award LDC a lump sum equal to 33% of its reasonable legal fees incurred up to January 11, 2023, and 66% of its reasonable legal fees incurred thereafter as a result of Rule 420. [DLA Piper represented the successful plaintiff; thanks to Cristina Mihalceanu for the decision]
Decision relates to:
- T-1292-15 - LOUIS DREYFUS COMMODITIES CANADA LTD. v. CANADIAN NATIONAL RAILWAY COMPANY