CN bridge dispute: Thunder Bay engineers still don't have access
City says CN still not allowing engineers on-site, CN says both sides discussing inspectors' safety
Engineers with the City of Thunder Bay still don't have access to the James Street swing bridge, city and CN Rail officials have confirmed.
That's despite a judge's ruling in January that ordered CN, who owns the structure, to allow city engineers onto the bridge in order to examine its condition.
The bridge over the Kaministiquia River, that acts as the most direct route between Thunder Bay and the Fort William First Nation, has been closed to vehicle traffic since a fire damaged the structure in 2013. Rail traffic resumed crossing the expanse three days later.
The railway has maintained that the road portions of the structure are beyond repair, but the city wants to do its own assessment. Superior Court Justice J.S. Fregeau ruled that CN must allow the city's engineers to inspect the bridge.
Patrick Waldron, a spokesperson for CN, declined an interview with CBC News, but stated that the two sides are still in discussions to make arrangements for the city's inspection to proceed. He said proper safety precautions and procedures need to be in place to ensure the safety of the inspectors once they are on the structure.
Thunder Bay seeking judge's intervention: city manager
Thunder Bay City Manager Norm Gale wouldn't comment on CN's response, but confirmed that talks — that he described as "cordial," — are happening with the railway. Gale added that the city is again appealing to the courts on the issue.
"The City of Thunder Bay's engineers have not been granted access to the bridge by CN," he said. "We are seeking a remedy [to] that."
"Justice Fregeau did leave open in his [January] decision options to seek remedies," he added. "Simply put, we'll appeal to Justice Fregeau to provide direction regarding access to the bridge."
City officials are also awaiting a date for legal proceedings to be heard over who is ultimately responsible for the bridge. Justice Fregeau's ruling in January stated that the city's request for a hearing in front a judge will proceed, rather than the trial that the railway was seeking.
The hearing is designed to interpret the contract between the city and the railway. The city has argued that the century-old agreement binds CN to fix, and re-open the road portion. The railway has said that it's beyond repair and that its not responsible for replacing that part of the structure.
No date has yet been set for that hearing, Gale said, adding that the swing bridge remains an important piece of infrastructure.
"Access and egress to and from the Fort William First Nation and the City of Thunder Bay matters to people in our respective communities," he said. "We just want to see where this will go."