City of Thunder Bay: Court of Appeal Dismisses CN’s Motion for Stay

Press Release

November 19, 2018

The Court of Appeal for Ontario has dismissed CN’s request to stay, or postpone, the court’s order made in June 2018, which required CN to reopen the James Street Bridge for vehicle traffic and maintain the bridge in accordance with the 1906 agreement. Mayor Keith Hobbs today made the following statement in response:

“The court is clear that CN must fix its bridge now. Over the past four years the City has sought to have CN Railway honour its commitments under the 1906 agreement to repair and reopen its bridge. Council remains resolved in its expectations, which have been confirmed by the court again.

The Court of Appeal ruled in favour of the City in June of 2018 and ordered CN to reopen its bridge to all traffic including cars and trucks. CN is fully responsible for its bridge, which is an important connection between Thunder Bay and Fort William First Nation. CN must obey the court order and act now. CN has run out of reasons to continue to delay.”

Justice Simmons declined to grant a stay to CN, concluding that “it is unlikely that CN will succeed in its application for leave to appeal to the Supreme Court of Canada”.

It is expected that the Supreme Court of Canada will issue this decision sometime in early 2019.

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