What is the principle of common law in the context of rail litigation?

Canada (Federal), Canada

The following excerpt is from Cremona v. Wardair Canada Inc., 1991 CanLII 13117 (CHRT):

The above principle was also referred to in the case of Foucault v. Canadian National Railways [1981 CanLII 4288 (CHRT), 2 C.H.R.R. D/475 and 1981 CanLII 4293 (CHRT), 3 C.H.R.R. D/677] and Biggs v. Hudson [9 C.H.R.R. D/5391].

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