Monique Evans practises commercial and civil litigation, and transportation law with a particular focus on railway matters.
Monique has acted on matters before BC’s Provincial and Supreme Courts, the Federal Court and Federal Court of Appeal, and the Supreme Court of Canada. Her experience has touched on a variety of industries and subject areas.
Monique has extensive experience using statutory remedies against federal railway companies to obtain better freight rates, terms and conditions, and rail service for shippers, terminals, and other clients. These remedies include level of service complaint proceedings before the Canadian Transportation Agency, final offer arbitration, and arbitration on level of services. Monique also has experience with rail siding and track use agreements, extended interswitching, demurrage, discontinuance, railway supplemental services, challenging railway tariffs, and railway certificates of fitness.
Monique has been recognized as an “Associate to Watch” in Transportation: Rail & Road by Chambers Canada.
Canadian National Railway Company v. Freight Management Association of Canada, 2021 FCA 173: Acted for the Freight Management Association of Canada (FMA) in the Canadian Transportation Agency's first “own motion” investigation into railways’ level of service in Vancouver during the Fall of 2018, and successfully represented FMA in the subsequent appeal by CN. Established that a railway embargo is a prima facie breach of a railways’ level of service obligations and justified only if exceptional, proportionate, targeted and non-discriminatory.
Canadian National Railway Company v. Emerson Milling Inc., 2017 FCA 86, leave to appeal to SCC denied: Acted for a shipper in level of service complaint and subsequent appeals after the shipper was forced to move its loading operations from a CN-owned rail siding in Emerson, MB to a third-party loading facility in Winnipeg. Established that a railway’s level of service obligation to shippers is statutory, not contractual, and that shippers may require a railway to provide service on the railway’s own infrastructure.
Canadian National Railway Company v. Emerson Milling Inc., 2017 FCA 79: Acted for a shipper in the appeal of a level of service complaint decision following poor rail service during the 2013/14 crop year. Affirmed the Canadian Transportation Agency’s approach to determining level of service complaints using its “evaluation approach” in the case of a shipper without a confidential contract.
Monique Evans, “Parens Patriae and Public Trust: Litigating Environmental Harm Per Se” (2016) 12-1 McGill Journal of Sustainable Development Law 1.
Claire Hunter and Monique Evans were successful on behalf of our single purpose real estate holding company client in resisting pleadings amendments on the basis of settlement privilege. Master Vos’ reasons for judgment are available here.
Chambers Canada (Transportation: Rail and Road - Associate to Watch), 2022
Dean’s Honour List, University of Ottawa Faculty of Law