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CN Rail – Parkland County Horn Noise

Class Action Against CN Rail Regarding Train Horn Noise

On January 18, 2024, the Supreme Court of Canada denied the plaintiff’s application for leave to appeal the decision of the Court of Appeal of Alberta.

On May 2, 2023, the Court of Appeal of Alberta granted the defendant’s appeal of the certification decision of Justice Neilson, denying certification of this action and finding that the statement of claim does not plead a reasonable cause of action. A copy of the Decision can be viewed here.

On April 19, 2022, the Court released Reasons for Decision regarding the Application for Certification made by the Plaintiff, Norman Klassen. The Court certified the common issues proposed by the Plaintiff and concurrently dismissed the Defendant’s Application for Summary Dismissal of the Claim. A copy of the Reasons for Decision can be viewed here.

On June 26, 2019, Branch MacMaster LLP and JSS Barristers filed a proposed class action in the Alberta Court of Queen’s Bench against Canadian National Railway Company (“CN”).

In the Statement of Claim, the Plaintiff, on behalf of the proposed class, alleges that CN has failed to obey laws intended to reduce the noise caused by trains passing through Parkland County, Alberta. The proposed class includes all Parkland County residents living within 1.75 miles of each of the 12 railway crossings located within the County boundaries.

A copy of the Statement of Claim can be viewed here.

A copy of the Application for Certification of the class proceeding can be viewed here.

For more information please contact one of the following people:

Avichay Sharon
604 654 2951
asharon@branmac.com

Conall Kelly
604 654 2961
ckelly@branmac.com

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