THUNDER BAY – The Supreme Court of Canada has dismissed an appeal from Canadian National Railway over the James Street Bridge.
The decision means the earlier ruling by the Ontario Court will stand and the company will have to get the James Street Bridge open to vehicle traffic again.
Read the decision: SCC Decision
CN Rail had appealed the earlier decision brought by the City of Thunder Bay to have the original agreement enforced that means CN is to keep the bridge open to vehicle traffic.
Thunder Bay Mayor Bill Mauro says, “With this decision, CN has run out of options to delay. CN has failed to convince the highest court in Canada to allow a further appeal. CN must fix its bridge and reopen this important connection between Thunder Bay and Fort William First Nation.”
“For more than five years, CN has failed to honour its commitment under the 1906 agreement to repair and reopen its bridge.
“The Court of Appeal ruled in favour of the City in June of 2018 and ordered CN to reopen its bridge. CN is fully responsible for its bridge and must obey the court’s order.”
![James Street Bridge in Thunder Bay remains open to train traffic but closed to vehicles](https://www.netnewsledger.com/wp-content/uploads/2015/05/James-Street-Bridge-May-25-2015-2.jpg)
![CN Rail James Street Swing Bridge with Mount McKay in the background](https://www.netnewsledger.com/wp-content/uploads/2015/04/James-Street-Swing-Bridge-3.jpg)
![Grain spilled from rail cars under the CN Rail James Street Bridge](https://www.netnewsledger.com/wp-content/uploads/2015/03/CN-Rail-James-Street-Bridge-March-19-2015-2.jpg)
![CN Rail repairs to the supporting structure of the James Street Bridge](https://www.netnewsledger.com/wp-content/uploads/2015/03/CN-Rail-James-Street-Bridge-March-19-2015-6.jpg)
![CN Rail - James Street Swing Bridge - aftermath of October 2013 Fire](https://www.netnewsledger.com/wp-content/uploads/2015/04/James-Street-Swing-Bridge-2.jpg)
![Chain Link Fence on the sides of the CN Rail James Street Bridge allow pedestrian traffic.](https://www.netnewsledger.com/wp-content/uploads/2015/03/CN-Rail-James-Street-Bridge-march-19-2015-7.jpg)
![CN Rail has done repairs to the James Street Bridge as evidenced by new lumber.](https://www.netnewsledger.com/wp-content/uploads/2015/03/CN-Rail-James-Street-Bridge-Mar-19-2015-.jpg)
![The James Street Bridge has remained closed to vehicle traffic. Trains have been crossing the bridge since late 2013.](https://www.netnewsledger.com/wp-content/uploads/2015/03/CN-Rail-James-Street-Bridge-March-19-2015-3.jpg)
![The James Street Bridge is closed to all but CN Rail trains.](https://www.netnewsledger.com/wp-content/uploads/2014/10/James-Street-Bridge-CN-Sign.jpg)
![Closure of the bridge is costing businesses on both sides of the river a lot of money.](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-95.jpg)
![Damage from the October 2013 fire is still evident on the James Street Bridge connecting Thunder Bay and Fort William First Nation](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-108.jpg)
![Underside of the James Street Bridge that CN Rail is running freight trains over after an October 2013 fire.](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-107.jpg)
![Underside of the James Street Bridge - Februay 2014.](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-103.jpg)
![A view from the underside of the James Street Bridge - February 2014.](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-104.jpg)
![There has been some repairs to the James Street Bridge - February 2014.](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-105.jpg)
![James Street Bridge in Thunder Bay crossing the Kaministiqua River.](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-106.jpg)
![Postcard image of the James Street Bridge](https://www.netnewsledger.com/wp-content/uploads/2013/10/James-Street-Bridge.jpg)
![Photo Essay on the James Street Bridge - February 2014.](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-102.jpg)
![The bridge is closed to vehicles, as CN prepares a study.](https://www.netnewsledger.com/wp-content/uploads/2014/02/James-Street-Bridge-96.jpg)
![CN is running trains over the James Street Bridge. The company says the bridge is safe for trains.](https://www.netnewsledger.com/wp-content/uploads/2014/02/holiebridge_3499.jpg)
The impact of the bridge being closed has impacted fire, ambulance and policing response to Fort William First Nation and had a serious impact on business in Westfort, as traffic has been detoured to Highway 61, and away from Westfort.