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West Vancouver, CN rail close to a deal on access to disputed sea wall

The District of West Vancouver and CN Rail have been in a dispute over the popular path since February, 2017.
The District of West Vancouver and CN Rail have been in a dispute over the popular path since February, 2017. Global News

There’s some good news for outdoor enthusiasts in West Vancouver: a long-simmering dispute over access to the city’s popular sea wall may soon be over.

The District of West Vancouver said discussions with CN Rail over public use of the the popular 1.7-kilometre Centennial Seawalk have resulted in “significant progress” on the issue.

“I’m pleased to inform residents that we’ve been able to reach a letter of intent with CN that will pave the way to ensuring access to the Seawalk,” said Mayor Michael Smith in a statement.

“We are very pleased to have taken this important step toward a mutually beneficial resolution that ensures access in a safe manner to the Seawalk for years to come,” added CN vice-president and chief legal officer Sean Finn.

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“We look forward to continued constructive engagement with the district.”

The district and CN have been locked in a legal confrontation over footpath for more than a year and a half.

The rail company claims public use of the path which encroaches on its rail corridor “constitutes illegal trespass,” and has posted signs in the area to that effect.

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“Members of the public are cautioned that their legal right to use the Seawalk is in dispute,” read the signs in part.

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Resident Shabira Verjee said she was thrilled hear a resolution was in the works.

“Frankly speaking, the sea wall has been one of the biggest reasons I love living on the North Shore because it’s a great way to get out and get exercise, be social, and just take in this incredible waterfront,” she said.

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“A lot of us don’t live close to the water or have access to it, so to be able to just come here…. I think it would be a huge loss if we didn’t have access to the waterfront.”

The Seawalk runs next to a rail line leased by CN. The rail company leased the railway right-of-way on a long-term basis from the B.C. government as part of a BC Rail sale more than a decade ago.

In February 2017, CN filed a lawsuit in B.C. Supreme Court, looking to limit use of the sea wall, and demanding $3.7 million per year from the district for access.

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West Vancouver has made significant improvements to the sea wall, while paying a small amount of rent. It had previously proposed paying CN $12,500 per year for continued use, far less than the rail company wants.

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Friday’s announcement doesn’t necessarily mean the resolution is a done deal.

The letter of intent does not constitute a formal agreement, and CN and West Vancouver will need to produce a settlement which will then be ratified by the district’s council.

  • With files from Jon Azpiri and Geoff Hastings

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