Thunder Bay

Thunder Bay, CN Rail go to court March 1

The City of Thunder Bay and CN Rail are heading to court over the James Street swing bridge in less than two months. The legal proceedings are scheduled to be heard starting March 1 in Superior Court in Thunder Bay, Ont.

The two sides originally filed legal proceedings against each other Feb., 2015

The City of Thunder Bay and CN Rail are scheduled to be in court March 1 for a hearing in front of a judge over the James Street swing bridge; (YouTube)

The City of Thunder Bay and CN Rail are heading to court over the James Street swing bridge in less than two months.

The legal proceedings are scheduled to be heard starting March 1 in Superior Court in Thunder Bay, Ont.

Thunder Bay and CN have been deadlocked over who is responsible for repairing the road section of the bridge over the Kaministiquia River, since the two sides filed legal proceedings against each other in 2015.

The city wanted a hearing in front of a judge on the matter, while the railway sought a trial — a judge ruled in January, 2016 that Thunder Bay's application would proceed.

"We continue to pursue the issue through the courts," city manager Norm Gale told CBC News.

"We're working hard on the matter, we know the CN bridge is important to many people ... so we're eager to see it come to conclusion."

The bridge is the most direct route between Thunder Bay and the Fort William First Nation. It's been closed to vehicle traffic since a 2013 fire; rail traffic resumed using it three days later.

The city has argued that a century-old agreement binds CN to fix, and re-open the road portion. The railway has said that it's beyond repair and that it is not responsible for replacing that part of the structure.