Order no. 118783

Wednesday, the 27th of October, A.D. 1965

In the matter OF the application of the Canadian Pacific Railway Company on behalf of the Lake Erie and Northern Railway Company, hereinafter called the Applicant Company, for authority to operate over that portion of The Toronto, Hamilton and Buffalo Railway Company between Brantford and Waterford, in the Province of Ontario, a distance of 18.0 miles; and for authority to cross over the trackage of the New York Central Railroad Company at Waterford, in the Province of Ontario: 39309.44

J .E. Dumontier Deputy Chief Commissioner J. M. Woodard Commissioner

Whereas by an Indenture of Lease dated the 8th day of October, 1914, made between The Lake Erie and Northern Railway Company as Lessor and Canadian Pacific Railway Company as Lessee, The Lake Erie and Northern Railway Company leased its railway to Canadian Pacific Railway Company upon the terms, covenants and conditions therein specified for a term of 999 years to be computed from the 1st day of December, 1914;

Whereas Canadian Pacific Railway Company is the owner of all the bonds and the majority of the outstanding stock of The Lake Erie and Northern Railway Company;

Whereas for the more efficient working of the railway with a view to effecting economies, the Canadian Pacific Railway Company on behalf of The Lake Erie and Northern Railway Company applied to the Board of Transport Commissioners for Canada for leave to abandon the operation of that portion of the railway between Brantford and Waterford, a distance of 15.6 miles, all in the Province of Ontario;

WhereasThe Lake Erie and Northern Railway Company also proposes to enter into a joint agreement with The Toronto, Hamilton and Buffalo Railway Company and with the New York Central Railroad Company for the purpose of operating over the lines of The Toronto, Hamilton and Buffalo Railway Company between Brantford and Waterford and for a crossing-over of New York Central Railroad Company trackage at Waterford;

Whereas the Canadian Pacific Railway Company, by resolution of its Board of Directors dated December 14, 1964, has consented to the above described abandonment and proposed operating procedure; and

Whereas by Order No. 118153, dated the 5th day of August 1965, the Board approved the said abandonment of operation of that portion of The Lake Erie and Northern Railway Company between Brantford and Waterford;

Whereas pending the finalization of the said proposed joint agreement, the Lake Erie and Northern Railway Company through Canadian Pacific Railway Company has applied to the Board for authority to operate over that portion of the Toronto, Hamilton and Buffalo Railway Company between Brantford and Waterford, a distance of 18.0 miles, and for authority to cross over the trackage of the New York Central Railroad Company at Waterford, and for the said purposes has entered into a Memorandum of Understanding dated January 6, 1965, a copy of which is on file with the Board under file No. 39309.44; and

Whereas it is deemed expedient that the said application be granted pending the finalization of the said proposed joint agreement which, when finalized is to be submitted to the Board pursuant to section 156 of the Railway Act;

It is hereby ordered as follows:

1. The Applicant Company is authorized to operate over that portion of The Toronto, Hamilton and Buffalo Railway Company between Brantford and Waterford, in the Province of Ontario, a distance of 18.0 miles, and to cross over the trackage of the New York Central Railroad Company at Waterford, in the Province of Ontario, pending the finalization of the binding agreement referred to in the Memorandum of Understanding between the Lake Erie and Northern Railway Company of the First Part, the Toronto, Hamilton and Buffalo Railway Company of the Second Part, and the New York Central Railroad Company of the Third Part, dated January 6, 1965, copy of which is on file with the Board under file No. 39309.44.
2. This authorization shall be good and in force for a period of one year, or until the agreement is sanctioned as provided by section 156 of the Railway Act, whichever date is earlier, unless extended by an Order of the Board upon application therefor.
3. The Applicant Company shall advise the Board of the date on which the abandonment authorized by Order No. 118153 actually takes place.