Thunder Bay lawsuit against CN Rail asks for legal fees, bridge to open
The city of Thunder Bay says consulting group noted fire damage was 'limited'
In a review of court documents filed by the City of Thunder Bay, CBC News has learned the city wants CN to re-open the James St. swing bridge to vehicular traffic, cover its legal costs, and move the company's lawsuit from Toronto to Thunder Bay.
In its claim against the railway, the city said AECOM Consulting defined damage to the bridge after the October 29, 2013 fire as "limited."
The claim also states the company did not complete a detailed safety audit of the structure after the fire.
The bridge re-opened to rail traffic three days after the fire, while it has remained closed to vehicular traffic.
The city also stated there is no 'unilateral termination by CN' allowed under the 1906 agreement. The city has previously relied on the agreement, with the document noting that the railway would maintain the bridge 'in perpetuity.'
The city also stated that CN has maintained the bridge to current standards, citing a major rebuild of the structure in 1984. It also stated that the railway has carried out maintenance, which took into account increasing traffic weight and volume.
The suit was filed in February, 2015 in Superior Court in Thunder Bay, just a few days after city councillors rejected an offer from CN to have traffic alternate over the rail bed of the bridge.
The city calls a lawsuit filed by CN in Toronto, just days before the city filed its own suit, a 'pre-emptive tactical move.'