MONTREAL — VIA Rail Canada cancelled two departures of its flagship train, the Vancouver-Toronto Canadian, over the weekend, in an effort to recover after a westbound train fell almost two days behind schedule [see “‘Canadian’ trip facing epic delays,” Trains News Wire, May 25]
Cancelled were the westbound train that was originally scheduled to depart from Toronto on Thursday, May 24, which had subsequently been postponed to Friday, May 25, and the eastbound departure which had been scheduled to depart Vancouver today (Tuesday, May 29).
In a statement, VIA Rail Canada President and CEO Yves Desjardins-Siciliano said the company was “deeply sorry for the inconvenience caused by the delays and the cancellation of these two departures.”
“Over the last few months, we have taken several mitigation measures in order to limit the impact on the customer experience and on our employees’ work environment. We would like for our passengers to have a relaxing travel experience, that our on-train and in-station staff be given the rest time needed to accomplish their work with diligence and peace of mind, and that our maintenance crews are able to maintain our trains in the best possible condition. As such, we are aware of the constant efforts made by our employees on our trains, in our stations, in our call centers and in our maintenance centers, and on behalf of myself as well as all their colleagues, we extend our sincerest gratitude,” said Desjardins-Siciliano.
“At VIA Rail, nothing is more important than the safety and security of our passengers and employees. That is why we are currently working with our infrastructure partner on a new schedule, to start during the peak summer period, that will provide a longer but more predictable travel time.”
For those interested in the R&R Craghead article I referenced, it can be found on p. 4 of the June 2018 hard copy, vol. 37 #6.
Will this issue be resolved by June 26th? I am booked on the EB Canadian on that date.
Anna and Charles – Can’t think of a tort; only one that might be close is intentional infliction of emotional distress, but that seems like a reach. I’m sure VIA has covered itself for any variety of breach of contract with the fine print associated with the ticketing arrangement, either explicitly or “by signing this you acknowledge that you have read and you agree blah blah blah.” I’m trying to back away from the good arguments all of us, including me, have made in the past weeks and take a long view, which is that all of this will shortly be academic when the LD trains are gone, so better to ride them while you can, warts and all. History repeats itself and those who don’t know history (you know the rest). If we are of a certain age, don’t we all wish we had ridden more of the great trains in the sixties instead of complaining then about how tardy, dirty, and bereft of amenities so many were? Hey, I’m trying. I like diners, a toilet in my room, and reasonable punctuality as much as the next person. What will I look back on in five, ten years?
ANNA – A train not running doesn’t constitute a tort. It constitutes a lousy excuse for a bad railroad. That’s my free legal advice w/r/t a Canadian Crown Corporation from an American un-lawyer.
So if you are booked on one of the cancelled trips what happens? Are you involuntarily rescheduled on a take-it-or-leave-it basis? Do you have the option to voluntarily reschedule? Can you ask for your money back? Or are you just plain SOL? This is a hell of a way to run a railroad.
As always the devil is in the details, and VIA, once they have your money, never wants to give it back. Also, this being VIA Rail therefore a Crown corporation, you may not have the right to formulate a tort. Myself, I highly dislike doing business with any entity which does not guarantee to perform as advertised, or to make me whole if they do not. Having to do business with such an entity only invites abuse. It is almost as if they are trying to make using their services as unpalatable as possible…which brings up the question, “Why?”.
The above remarks are general in nature and do not form the basis for an attorney/client relationship. They do not constitute legal advice. I am not your attorney. Get your own damn lawyer.
Mr. Fine and Ms. Harding —
I find it refreshing to read things written by those who know whereof they write, including legal issues when relevant. I think Ms. Harding’s contributions are especially valuable and interesting because she points out some of the legal complexities of which she is uncertain (unlike some posters who emphatically state things that they could not reasonably know for certain).
GEORGE PINS – My childhood memory growing up in a Blue Law state, I did the Sunday morning walk to the neighborhood bakery. Legal to buy a candy bar but not bread on Sunday before noon. So I would buy a Hershey Bar (for the price of a Hershey Bar and a load of bread), do you want white bread or rye, and do you want it sliced? (I won’t say what state – just that your home state and my home state shared a really lousy, awful railroad that turned me into a lifelong lover of flying.)
If Via lengthens the schedule again, CN will continue to ignore it and delay it even more. Time for Via to grow a backbone.
George Pins: Thanks for the fond memories….. “Scotch or Bourbon.”
Remember (1980’s) when an Air Canada 767 ran out of gas over Manitoba? Two men in the cockpit but neither one was looking at the gas gauge. Well, what’s now out of gas is VIA Rail Canada. The Canadian has turned into a useless cruise train scheduled a few times each month. Now they can’t even run that. Coming soon to a big nation to Canada’s south.
Wow! How much longer can CN and VIA make an already long trip? It is time to seriously look at a CP routing.
HOWARD – I do believe she traffics in Canadian Loonies. As far as I understand.
Ms. Harding have seen your recent posts but perhaps we do not need legal opinions on newswire items, just my two pence for whatever that’s worth in Euros.
Austin Larson – Looking for the article you referenced, but I don’t find it in the 6/18 contents of the magazine listed on the website. Are you sure?
If a business entity takes your money on promise of fulfillment of contract and then fails – absolutely fails, not just doesn’t deliver on time – to keep their end of the deal basis for a tort exists. EXCEPT: VIA Rail is a Crown corporation. It is unclear (not having read the Conditions of Carriage) if they are obligated, whether when they agree to do so, or in the year 14235, to deliver at all, ever.
For a private entity (barring receivership) they do have an obligation (there are exceptions, e.g., force majeure) to fulfill the agreement (always read the fine print) but with the Crown?
I have to say (having had experience with both) the Canadian government is more open and more responsive than the American government and I have generally been successful in forcing Crown corporations to disgorge, but there is always the element of unease when litigating against the Crown that does not exist when litigating against a private entity. They ARE the Crown…
The above comments are general remarks only and do not form the basis for an attorney/client relationship. These comments do not comprise legal advice. I am not your attorney. Get your own damn lawyer.
Charles Landey – I am an American. I was born in Hartford, Connecticut. My first train memory is from New York to Miami on the PRR-RF&P-ACL Champion in late 1945. My Canadian miles came with relatives in Montreal, then many tours I operated on mostly CNR lines in the 70’s with my business car (PRR 120) and sleepers, avoiding Amtrak arbitrariness and arrogance. (See, even then). I’ve ridden many of the great trains, yet, like Mr. Erickson, I missed too many because they would always be there and I had more pressing issues. Richard Erickson – Here’s a story to go with your Broadway Limited tale. In the late 60’s, but before the PC merger, I was eastbound on the Spirit of St. Louis, in the lounge, on a Sunday, somewhere in Indiana. I asked the attendant for a drink, but he informed me that he could not sell liquor in Indiana on a Sunday. Then for some reason he looked me over and said “Are you a regular patron of the PRR, sir?” “Yes,” I replied. “Would you care for some tea?” “That would be fine.” “Do you prefer scotch tea or bourbon tea?” “Scotch tea.” He brought me a teacup filled with scotch. “Compliments of the Pennsylvania, sir.”
For a prescient glimpse into the future, year 2029, ” Empire Builder,” read Alex Craghead’s piece in the June issue of “Railfan & Railroad” mag. (railfan.com). The unmistakable point is the comparison of passenger service then, the good old days, and Amtrak (VIA) now; and Amtrak now and in 2029.
It is a brilliantly imaginative bit of writing, both sarcastic and scarifying in depicting the brave new world of a passenger train, albeit the last and only.
The science fiction author Robert Heinlein wrote in one of his stories something to the effect that the saddest sights of all to see, looking back over your life, are the temptations you resisted. Back when I was a grad student at the University of Chicago in the late 1960’s and early 1970’s, I had “plans” to ride the classic passenger trains — such as the Panama Limited down to New Orleans, the Super Chief out to LA, and either back on the City of Los Angeles or maybe SP from LA to Portland and then back on the City of Portland, plus others. However, with classes and then Ph.D. thesis research and writing, there just didn’t seem to be time, but no matter — I would do it all “someday.” Oh, I did some train riding. I routinely rode the Hiawathas (in the Skytop Parlor as long as it operated) and occasionally the Pioneer Limited to my family home in Minneapolis, and a few others, such as the electrified South Shore into Indiana, GT/CN to Toronto and Montreal, and the Broadway to New York. My Broadway trip was some time after the Penn Central merger, and I wasn’t sure what conditions would be like. However the sleeper attendant and the dining car staff provided impeccable, friendly service, and the food in the diner was fantastic. When I remarked to the dining car steward that I was surprised at the quality of the service and food, he responded, “This is still the Broadway Limited.” Obviously he and the rest took pride in their work.
Now I look back at all those other trains I didn’t ride when I could have, and I wish I had made time to yield to the temptations. As others have said, ride ’em while you still can. “Someday” may be too late.
Bragging about providing “longer but more reliable travel time”. Where did they get this spin-meister flack? From America? My previously fine impression of Canada is in free-fall.
GEORGE PINS and JOE BEAL I assume GEORGE to be Canadian. I’m American. I have lived in my dream, the Santa Fe Super Chief El Capitan (technically Amtrak trains but with Santa Fe F-units, cars, and crew and commissary) in 1972 and 1973. I have seen Glorietta and Raton Passes. I’ve ridden other trains from St. John (New Brunswick) to Winnipeg, Chicago to Oakland (California), Boston and New York to Chicago, etc. etc. etc, plus countless short-hauls in four nations. Ride’ em while you can.
I agree with George, get a ticket and ride. Those Budd’s won’t last forever!