Law360 Canada ( November 6, 2019, 6:23 AM EST) -- Appeal by Oceanex Inc. from the dismissal of its judicial review application challenging the approval of the respondent Marine Atlantic’s 2016/17 commercial freight rates. Canada paid subsidies to Marine Atlantic, a federal Crown corporation, to maintain a freight and passenger ferry service between Nova Scotia and Newfoundland for a route Canada was constitutionally obliged to provide. The appellant, a privately-owned corporation, was a competitor of Marine Atlantic and provided freight service between Nova Scotia and Newfoundland. The Minister of Transport recommended the Governor in Council approve Marine Atlantic’s corporate plan, which included the rates. The Federal Court found it was Marine Atlantic, and not the Minister of Transport, who made the decision to implement the rates and as Marine Atlantic was not a federal board, commission or other tribunal, the Federal Court did not have jurisdiction to review the decision. It went further and held the National Transportation Policy was not a required consideration in setting the rates....