Top court derails CPR plans for Vancouver right-of-way

The Supreme Court has rejected Canadian Pacific Railway's plans for commercial or residential development along a rail corridor that cuts through Vancouver's west side.

The ruling on Thursday by the country's highest court upholds a bylaw designating a right-of-way as a greenway and car-free transportation corridor.

After rail operations along the Arbutus line came to a halt in 1999, Vancouver passed the bylaw, envisioning a streetcar or cycle path along the 11-kilometre strip of land.

But CPR, which has owned the right-of-way for 120 years, saw potential for a mix of commercial and residential development. The property is wide enough for double or single lots.

The company has been fighting the bylaw in court for five years, winning its first round in B.C. Supreme Court. That decision was later overturned by the provincial Appeal Court.

The Supreme Court of Canada decision means CPR, which still owns the land, can't subdivide or develop the corridor, and the city doesn't have to compensate the railway for lost revenue.

The decision is a victory for environmentalists, who have promoted the idea of a bike path along the corridor, and opens the possibility of future rapid transit along the line.