Notice of Oral Hearing: West Vancouver vs. CN

September 11, 2017

Application by the Corporation of the District of West Vancouver (West Vancouver) for a suitable road crossing respecting the Centennial Seawalk along the Squamish Subdivision operated by the Canadian National Railway Company (CN) in West Vancouver, British Columbia, pursuant to subsection 101(3) of the Canada Transportation Act, S.C., 1996, c. 10, as amended (Act), requesting an order from the Canadian Transportation Agency (CTA):

  • authorizing the continued use of the Centennial Seawalk  road crossing on the CN right of way in West Vancouver;
  • providing no compensation to CN for such use on the basis that there is no real damage or appreciable injury to the railway company or its property;
  • authorizing West Vancouver to access the riprap areas and other shore protection works that protect the Centennial Seawalk; and,
  • imposing no terms with respect to liability, indemnity and insurance.

The CTA will hold an oral hearing commencing on Wednesday, October 25, 2017, in Courtroom 601 at:

Federal Court of Canada
CF Pacific Centre
701 West Georgia Street
Vancouver, British Columbia
V7Y 1B6

The hearing will begin at 9:00 a.m. and continue on Thursday, October 26, 2017.

The CTA will hear oral arguments from counsel for both parties.

Persons who have a substantial and direct interest in the proceeding have until October 3, 2017 to file a request to intervene pursuant to section 29 of the Canadian Transportation Agency Rules (Dispute Proceedings and Certain Rules Applicable to All Proceedings), SOR/2014-104. All such requests received by the CTA will be shared with the parties to this case (West Vancouver and CN) for their comments. The CTA will make a determination on whether intervener status will be granted, and if so, whether an intervener will be invited to speak at the hearing, or alternatively, to provide written comments only.

All correspondence and pleadings should refer to Case No. 17-01001 and be filed through the CTA’s Secretariat e-mail address: secretariat@otc-cta.gc.ca.

Attendance at the hearing

Members of the public may attend as observers of the hearing. The seating capacity in the public gallery of Courtroom 601 is for 40 people only, and will be filled on a first come basis. No outside cameras or recording devices are permitted.

For more information

For information about the CTA or the accessibility of Courtroom 601, or to review publicly available hearing materials, please contact CTA staff at info@otc-cta.gc.ca, or by telephone at 819-934-3448 (TTY 1-800-669-5575).

All requests should refer to Case No. 17-01001.

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