Chief applauds bridge decision

By Rick Garrick

Fort William Chief Peter Collins recently applauded a Superior Court decision in favour of the City of Thunder Bay’s application process for a hearing over the James St. swing bridge.

“It’s a step in the right direction to resolve an issue around the bridge,” says Fort William Chief Peter Collins. “Hopefully it will expedite the process through the court system.”

Superior Court Justice J.S. Fregeau ruled on Jan. 20 that Thunder Bay’s request for a hearing in front a judge would proceed. Fregeau also stayed CN Rail’s request for a trial.

“For all of the above reasons, I find that it is appropriate that this matter proceed by way of the city’s application in CV-15-85,” Fregeau states in his decision. “I order that CN’s action in CV-15-522424 is stayed pursuant to sections 106 and 138 of the Courts of Justice Act. I also order that CN shall allow the city access to the bridge to enable the city and/or the city’s representatives to examine the current condition of the bridge. If the parties are unable to agree on the specific terms of such access I may be spoken to.”

Fregeau also ruled that Thunder Bay and Fort William First Nation are “presumptively entitled to their costs.”

Fregeau’s decision can be found online at: https://www.canlii.org/en/on/onsc/doc/2016/2016onsc469/2016onsc469.html.

Collins says the James Street swing bridge closure has been “dragged out” for too long. Although the bridge was re-opened to rail traffic three days after a fire damaged the structure in October 2013, the bridge is still closed to vehicles.

“I think it is time for all interested parties to sit at the table and try to negotiate an outcome that is satisfactory to all so the bridge is open,” Collins says, noting a recent accident on Highway 11 that blocked access to the community for more than an hour. “It just so happened that we had an emergency issue right in our community at the very same time, so it took (the emergency response team) well over an hour to get to it.”

Collins says the bridge closure has also affected businesses on both sides of the bridge, in Westfort on the north side of the bridge as well as in Fort William.

“Every time I go into the Westfort side businesses, they ask: ‘What is happening, when is it going to be open again so we can get your community members back shopping in the Westfort area,’” Collins says. “It’s had an impact on both sides economically. And it also has a financial impact because close to a thousand members come to work in Fort William here every day. It’s an added cost to them to travel back and forth every day.”

Fregeau’s decision included reference to an AECOM Engineering report on fire damage to the bridge, which suggested that although “fire damage was limited,” many components of the roadway portions of the bridge do not meet current code and “pose a serious risk to vehicles, cyclists and pedestrians.”

Fregeau adds that CN has not allowed Thunder Bay to access the bridge to conduct their own engineering report.

“Evidence on the condition of the bridge and what is required to bring the roadway sections up to code for vehicular traffic will be relevant and necessary to resolve this dispute,” Fregeau states in his decision. “In my opinion, based on the material before me, a judge hearing the application may very well be able to make the necessary factual determinations on the engineering issues based on the affidavit evidence of experts. If it is ultimately determined that the engineering evidence significantly conflicts on material issues which are relevant to the interpretation of the agreements such that credibility, reliability and weight are in issue, the hearing judge has the jurisdiction to order a trial on these issues.”