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Supreme Court decision in James Street Swing Bridge case expected this week

The legal battle between the city of Thunder Bay and the Canadian National Railway has been ongoing since the bridge was damaged in a 2013 fire
James Street Swing Bridge
The James Street Swing Bridge has been closed to vehicular traffic since Oct. 29, 2013. (Matt Vis, tbnewswatch.com)

THUNDER BAY - A decision from the Supreme Court of Canada that could determine the fate of the James Street Swing Bridge is expected to be handed down later this week.

The Supreme Court of Canada received an application from the Canadian National Railway for leave to appeal following the Ontario Court of Appeal ruling last June that the company had to take steps to reopen the James Street Swing Bridge.

The Supreme Court of Canada decision is expected to be handed down on Thursday. 

The bridge was damaged by a fire on the night of Oct. 29, 2013 and has remained closed to vehicular traffic since. Vehicles have been forced to use Highway 61 and Chippewa Road. The cause of the fire was classified as undetermined by the Office of the Fire Marshal.

Reopening the bridge has been at the centre of an ongoing legal battle between the city and the CN.

In June 2017, the Superior Court of Ontario ruled the CN was not responsible for reopening the bridge to vehicular traffic based on the determination that the original 1906 agreement between the city of Fort William and the Grand Trunk Pacific Railway did not require the company to maintain the structure up to current codes and make it safe to motorized traffic.

The city filed an appeal to the Ontario Court of Appeal in July 2017 and nearly one year later, the appeal was granted and the CN was ordered to reopen the bridge, but no specific deadline was provided.

The CN filed an application for a leave to appeal the Ontario Court of Appeal decision last October. In November, the Ontario Court of Appeals denied a request to temporarily halt the order to reopen the bridge.

The CN has claimed it will cost between $4 million and $6 million to repair the bridge.

James Street Swing Bridge timeline

  • Oct. 29, 2013: Fire breaks out on the bridge, closing both the road and rail portions of the structure.
  • Nov. 1, 2013: Rail traffic resumes crossing the bridge.
  • Feb. 9, 2015: Thunder Bay city council rejects CN's "final offer" to reopen bridge without going to court.
  • Feb. 20, 2015: CN files case before Ontario Superior Court of Justice, requesting judge to determine its obligations under 1906 agreement.
  • Feb. 24, 2015: City announces it has filed its own Superior Court suit, arguing CN should be bound by the 1906 agreement to maintain the bridge.
  • Jan. 20, 2016: Superior Court Justice John Fregeau rules city's application to proceed with CN's case to be stayed.
  • April 2016: Office of the Fire Marshal completes investigation into fire, classifying cause as undetermined.
  • July 7, 2016: City-contracted engineers granted access to inspect the bridge.
  • March 1-3, 2017: Case is heard in a Thunder Bay courtroom by Superior Court Justice Patrick Smith.
  • June 9, 2017: Ontario Superior Court Justice Patrick Smith dismisses the city's case, ruling CN does not have to reopen the bridge.
  • July 10, 2017: City files notice of appeal before the Ontario Court of Appeal
  • Jan. 25, 2018: The Ontario Court of Appeal hears the case.
  • June 11, 2018: The Ontario Court of Appeal accepts the city's appeal, finding CN breached 1906 agreement and orders railway to reopen the bridge.
  • Oct. 29, 2018: CN informs the city it is taking the case to the Supreme Court of Canada.
  • Nov. 19, 2018: Court refuses CN's request for a stay in James Street Swing Bridge proceedings.


Doug Diaczuk

About the Author: Doug Diaczuk

Doug Diaczuk is a reporter and award-winning author from Thunder Bay. He has a master’s degree in English from Lakehead University
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