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Court rules against City of Vancouver in Arbutus Corridor case

Canadian Pacific says it will take a few weeks to review a Supreme Court of B.C. decision in its favour that dismissed a City of Vancouver application for an injunction to halt clearing gardens and other obstructions along Arbutus Corridor.

Canadian Pacific says it will take a few weeks to review a Supreme Court of B.C. decision in its favour that dismissed a City of Vancouver application for an injunction to halt clearing gardens and other obstructions along Arbutus Corridor.

The decision came down Tuesday morning.

The city filed a civil suit in an effort to halt further construction, demolition and clearing of gardens along the corridor after talks broke down between the two parties about the sale of the land.

The city maintains the land is worth $20 million, while CP claims it’s worth $100 million.

CP agreed to stop working on the corridor in November until the court reached a decision on the civil suit.

Chief Justice Christopher Hinkson ruled in part that “The city will suffer no irreparable harm if the trains do not run until the required statutory approval is forthcoming. In contrast, CPR will suffer irreparable harm if it is unable to even begin preparations for the resumption of rail use in the Corridor because it is enjoined from any ‘works of construction, reconstruction, deviation, change and alteration to the Marpole Spur’ before statutory approval is obtained for the use of the Corridor for rail purposes.”

“We’re very happy to hear that the court dismissed the injunction and it has always been our contention that it is our right-of-way,” CP spokesman Martin Cej told the Courier Tuesday. “So we are going to take a closer look at the decision from the court and over the next few weeks, we’re going to decide on the next course of action and at that time advise all the residents along the corridor of what our plans happen to be.”

CP already ripped out about 150 metres of gardens at the south end of the corridor before work was halted.

The court decision states that “the gardeners, pedestrians, cyclists, and motor vehicle operators who have been using the corridor have no right to such use.”

“That’s definitive and it’s what we have said right from the beginning,” Cej said.

Mayor Gregor Robertson told reporters in a post-council scrum Tuesday that he was disappointed by the court decision.

“It’s disappointing to see that ruling but the city will continue to use all of our tools to ensure the federal government and the regulators address this issue. We do have ongoing safety concerns in the Corridor and we want to be sure the Canadian Transportation Agency, the Minister of Transportation, understand our opposition to reactivation of the Arbutus Corridor,” Robertson said. “That we have safety concerns and we want to keep pressing our case with the CTA, in particular, noting that the judge identified there is a real question whether this line has in fact been abandoned. So there’s still big questions that remain and we’ll, as a city, continue to use the tools we have to pursue this.”

noconnor@vancourier.com

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