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.
