CN files lawsuit on use of Centennial Seawalk
Feb 22, 2017
On Friday, February 17, CN Acquisition Limited filed a lawsuit in the Supreme Court of British Columbia alleging that the District of West Vancouver and its residents do not have a legal right to use the Centennial Seawalk, in those locations where it runs along the historical railroad right-of-way. The lawsuit by CN seeks both an injunction to restrain further use of the Seawalk and financial compensation. The District of West Vancouver will be defending the lawsuit and has also filed an application with the Canadian Transportation Agency to address the situation. The Seawalk has been used by area residents for close to 50 years.
The Canadian Transportation Agency is a federal tribunal which has jurisdiction to resolve a large number of issues relating to public transportation, including the power to grant rights to use a railroad right-of-way in appropriate circumstances.
The District has received advice not to comment on the merits of the dispute while it remains before the courts.