Chantal Brochu

The City of Thunder Bay applied for declaratory orders and specific performance to compel Canadian National Railway Company (CN) to reopen and perpetually maintain the James Street Swing Bridge for vehicular traffic.

The City argued that CN's perpetual maintenance obligation included upgrading the bridge to modern safety standards.

CN contended its obligation was limited to the original 1906 design and that reopening required significant structural reconfiguration beyond maintenance.

The Fort William First Nation supported the City's position.

The court dismissed the application, finding the City's proposals for reopening the bridge vague and lacking specificity, and that the evidence did not clearly define the required work or establish that such work fell within CN's contractual maintenance obligation.

A 90‑year‑old grocery store patron was struck by another customer pushing an overloaded cart and suffered catastrophic injuries resulting in quadriplegia before his death several years later.

The estate and spouse sued the patron and the store operators alleging occupiers’ liability and negligent failure to control the use of overloaded carts.

The court held the store owed a duty under the Occupiers’ Liability Act but had reasonable safety policies and no employee had sufficient opportunity to observe and prevent the hazardous conduct.

Liability was found entirely against the patron who pushed the cart without being able to see where he was going.

Damages for general damages, pecuniary loss, and Family Law Act loss of care and companionship were awarded against the patron, while the claims against the store defendants were dismissed.