CN takes court action over James St. swing bridge dispute

​CN Rail says it's going to court to try to settle its dispute with the city of Thunder Bay, Ont. over the James Street swing bridge, and end what it calls false and unjust attacks on its reputation. 

In a statement issued Friday afternoon, the railway said it is taking the move following months of "intransigence" by the city and by Fort William First Nation.

Earlier this month Thunder Bay city council decided to seek a court opinion as well, when it voted unanimously to reject the railway's final offer to reopen the bridge. The crossing over the Kaministiquia River has been closed to vehicles since an October, 2013 fire.

The statement released Friday quoted CN Vice-President Olivier Chouc as saying the railway "cannot be expected to continue to beat its head against this wall."  

It said it will ask an Ontario Superior Court judge to rule on what the company's exact obligations are regarding the bridge arising from a 1906 agreement with the former city of Fort William.

The railway accused the city and Fort William First Nation of refusing to enter into any productive negotiations, and of responding to every initiative put forward by the company "with inflexibility and even contempt."

City also seeking judge's ruling 

On Feb. 9, after council turned down CN's last offer, city officials said the deal would have required the city to surrender the 1906 agreement, and Fort William to give up current and future land claims rights. Mayor Keith Hobbs called it "a bad offer, made in bad faith."

The city announced that it would ask a judge to make a ruling on the validity of the contract, and to confirm its assertion that the railway is required to maintain the bridge over the Kam River in perpetuity.

CN's statement Friday charged that neither the city nor Fort William First Nation has shown intention of addressing the issue in good faith,

It said its plan for a shared rail-and-roadway corridor on the rail deck portion of the bridge would have safely handled traffic, including emergency and heavy vehicles. 

The railway refuted the city's suggestions that there would be safety issues associated with sharing road and rail, saying such structures exist elsewhere, using signalling and automated gates to safely control traffic flows.