The City of Vancouver filed a notice of civil claim in B.C. Supreme Court today in a direct constitutional challenge to Canadian Pacific’s actions to clear its property along Arbutus Corridor.
The lawsuit comes just weeks after talks between the city and CP broke down Sept. 12. CP claims the land is worth $400 million, although it's prepared to accept "far less," while the city insists it's only worth $20 million.
A City of Vancouver press release issued Friday stated: “Building on steps by the City to represent the interests of Vancouver residents and to oppose the reactivation of the rail line, permanent and interlocutory injunctions will also be sought to restrain CP from operating the Marpole Spur as a railway, from initiating further construction, demolition or clearing of gardens on the corridor, and from the spraying of herbicides.”
“Today’s action in B.C. Supreme Court is a reflection of the City’s longstanding commitment to ensuring the corridor is protected as a greenway for the benefit of all Vancouver residents,” Mayor Gregor Robertson added in the press release. “The refusal by CP to reach a reasonable agreement on the future of the Arbutus corridor is tremendously disappointing and frustrating, but the City will continue to responsibly advocate for citizens’ interests and strongly oppose the reactivation of the rail line. The City will not do a disservice to taxpayers by reacting to threats and bullying on the corridor by spending tens of millions dollars more than the land is worth.”
In a later press conference, Robertson told reporters: "We're using every tool that we can access to ensure that our citizens are represented and the interests of the City of Vancouver are protected. We have retained Joesph Arvay of Farris to represent the city on this. He was part of the team that was involved in the 2006 Supreme Court decision that went in the city's favour, validating the city has the right to set the zoning and the development parameters for that corridor.
"This again is another step that we're taking as a city to ensure the citizens are represented and the longterm interests of the city, which are consistent with all of our citizen feedback to maintain the Arbutus Corridor as a greenway and to keep the option open for light rail rapid transit in the future..."
When reached just before 1 p.m., Friday CP spokeswoman Breanne Feigel said CP was reviewing the city’s legal action and had no comment at this point. It’s unclear if work clearing the corridor can or will continue next week.
The city’s Green Streets coordinator from the community garden team emailed gardeners Thursday to advise them that the city was monitoring the corridor and that CP had started clearing brush with a mower earlier that day.
Maureen Ryan, of Cypress Community Garden, became emotional when she heard about the city’s lawsuit.
“I’m profoundly moved and I feel very emotional that the city is stepping up and stepping in to take action,” she said.
Ryan said she wasn’t surprised to hear CP had started to clear brush and of particular concern was CP's plan to use herbicides.
"It’s a concern to all residents in Vancouver and not just to gardeners," she said.
Friday morning, a crew was spotted working on the corridor.
A Courier photographer later took photos of the work being done on the track at 61st, but it's watermain work on the Angus Drive Main. Metro Vancouver is involved in this project and it has nothing to do with the current controversy. Track ties were being removed for access to the watermain.
Note: This story has been updated and corrected since first posted.
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