VIA Rail Canada Inc. v. Canada (Transportation Agency) (F.C.A.), 2005 FCA 79, [2005] 4 F.C.R. 473
This was an appeal from two decisions (the preliminary and final decisions) of the Canadian Transportation Agency (Agency) determining that concerns raised by the Council for Canadians with Disabilities (CCD) in regard to VIA's newly purchased Renaissance passenger rail cars constituted undue obstacles to the mobility of persons with disabilities, i.e. persons in wheelchairs, and ordering VIA to take corrective measures to eliminate those obstacles.
In its preliminary decision, the Agency found that 14 of the CCD's 46 concerns were undue obstacles, and directed VIA to address the findings (show cause order). In its final decision, the Agency found that VIA's response to the show cause order had been inadequate and directed VIA to take corrective measures by re-designing and re-constructing certain aspects of the Renaissance cars.