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City of Vancouver launches lawsuit against CP over Arbutus corridor

The City of Vancouver filed a notice of civil claim in B.C. Supreme Court Friday (October 3) in a direct constitutional challenge to Canadian Pacific’s actions to clear its property along Arbutus Corridor.
arbutus-corridor
Photo: Dan Toulgoet

The City of Vancouver filed a notice of civil claim in B.C. Supreme Court Friday (October 3) 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.

“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,” a city press release stated.  

The city has hired lawyer Joseph Arvay to handle the case.

“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 stated 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.”

The city’s Green Streets co-ordinator from the community garden team emailed gardeners Thursday (October 2) to advise them that the city was monitoring the corridor and that CP had started clearing brush with a mower earlier that day.

Friday morning, a crew of about 15 were spotted replacing ties around West 68th Avenue.

CP had said it would continue to clear its property to return the tracks to operating standard after talks with the City of Vancouver broke down September 12.

When reached just before 1 p.m. on Friday, CP spokeswoman Breanne Feigel said CP was reviewing the city’s lawsuit and had no comment. It’s unclear if work clearing the corridor can or will continue next week.

Maureen Ryan, of Cypress Community Garden, became emotional when she heard about the city’s latest action.

“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 resumed clearing work on Thursday and Friday.

“I’m not surprised working on the track is continuing," she said moments before hearing about the lawsuit. “However, gardeners along the Arbutus Corridor want the city and CP rail to continue negotiating. Of particular concern to all residents is CPR’s threat to spray toxic herbicides along the corridor. It’s a concern to all residents in Vancouver and not just to gardeners."

Vancouver Courier