Is a railway company's property a part of, or used in, the railway system?

Saskatchewan, Canada


The following excerpt is from Canadian Pacific Limited v. Saskatchewan Heritage Property Review Board and Kerrobert, Town of, 1984 CanLII 2623 (SK QB):

More recent judicial decisions have tended to examine the property of a railway company which is affected by provincial legislation to determine whether it is a part of, or used in, the railway system. A hotel owned by a railway company was adjudged not to be connected with the railway system, and the employees of the hotel were therefore subject to provincial labour legislation: Canadian Pacific Railway Company v. Attorney General of British Columbia, 1949 CanLII 278 (UK JCPC), [1950] A.C. 122.

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