CN Rail James Street bridge battlefront moves to court
City of Thunder Bay files court documents asking for its proceedings to trump CN's legal request
The dispute over repairs to the James Street swing bridge in Thunder Bay is now officially in the hands of the courts after both CN Rail and the city filed legal requests.
Thunder Bay filed with the Ontario Superior Court of Justice on Monday and is seeking an interpretation of the 1906 agreement that set the conditions for the bridge to be built, according to news release from the city on Tuesday.
Earlier this month, Thunder Bay city council voted unanimously to reject CN's final offer to reopen the bridge to vehicular traffic. The crossing over the Kaministiquia River has been closed to vehicles since a fire in October, 2013.
The city's court documents also ask for a declaration that the century-old agreement is "valid and binding, and that the agreement requires that CN maintain the James Street bridge for the use of vehicular and pedestrian traffic in perpetuity," the news release said.
First Nation added to city's court filing
CN said on Friday that it was asking the courts to rule on the railway's exact obligations under the agreement.
The city is asking the courts to stay CN's request, in favour of the city's proceedings. The city is also asking for any hearings to take place in Thunder Bay, rather than Toronto.
As well, the news release from the city said it has included Fort William First Nation as an interested party in the court documents it filed.
"The city is very sensitive to the fact that the operation of the James Street bridge is significant to Fort William First Nation and that Fort William First Nation has a substantial stake in the outcome of the city's litigation," city manager Tim Commisso said.