The City of Thunder Bay has filed suit in the Superior Court of Justice against CN in the ongoing dispute over the James Street Swing Bridge.
The city is asking the court to interpret the 1906 agreement between the city and CN, provide a declaration that the agreement is valid and binding and that the in perpetuity clause requiring CN to maintain the bridge for use by vehicular and pedestrian traffic is still in effect.
It’s the city’s response to news last Friday that CN had filed suit seeking clarification of its obligations surrounding the bridge, which has been closed to vehicular traffic since an Oct. 29, 2013 fire.
The city also included Fort William First Nation as an interested party in the suit, otherwise known as a friendly respondent.
“The City is very sensitive to the fact that the operation of the James Street Bridge is significant to FWFN and that FWFN has a substantial stake in the outcome of the City’s litigation,” said city manager Tim Commisso in a release issue Tuesday by the city.
“The courts will now determine each party’s rights and interpret the Agreement.”
Earlier this month city council rejected the railway’s final offer, which would have opened the centre rail deck to alternating one-way vehicular traffic.