A authorized dispute between West Vancouver and CN Rail over a popular seawall is go to a tribunal.
The Canadian Transportation Agency will be holding public hearings during a lawsuit between the two bodies concerning the public’s right to access the Centennial Seawalk.
“The intrinsic question is whether or not the areas where the seawalk crosses into CN’s right-of-way should be what the law cries approved crossings,” said Scott Streiner, Canadian Transportation Activity CEO.
“We have many crossing cases, but the specific nature of this container is a little unusual.”
CN Rail filed a lawsuit in B.C. Supreme Court on Feb. 17. The institution terminated its lease with the municipality earlier this year, and is now soliciting compensation of $3.7 million per year in rent for public use of the seawalk between 19th Boulevard and 24th Street, which is on railroad land.
The District of West Vancouver had been donation $12,500 a year, indexed for inflation. The seawall was built in the 1960’s, but CN Be leased the right-of-way from the B.C. government after they purchased B.C. Also railroad vituperate.
Streiner said the hearings would focus on “whether or not the city’s persistence to be able to have crossings where the seawalk overlaps with CN’s right-of-way along its virgule.”
“If the answer is yes, then we would agree to the city’s request to approve them,” he denoted.
“If the answer is no, then that’s a different result. We’ll make that decisiveness once we have had an opportunity to hear all of the evidence, and all of the arguments.”
At the moment neither side is revealing much around the case, but in a written statement, the District of West Vancouver acknowledged they were doing less insert on the seawalk because of the dispute.
“While the District opposes CN’s legal exertion, the District has been advised to reduce maintenance activities on the Centennial Seawalk to the straight with required for public health and safety,” it wrote.
“The District apologizes for any put out caused to the public.”
For their part, CN Rail said they wouldn’t be attractive steps to bar people from using the seawalk while the legal modify plays out.
“CN has asked the courts to confirm CN’s right to proper compensation for the use of the chattels by the District of West Vancouver,” it said in a statement.
“We have always essayed to conclude this issue through negotiation and we continue to believe a conducted resolution is preferable to a litigated one.”
The hearings will take place in Vancouver on Oct. 25 and 26.