(The following story by Brooke Larsen of Burnaby Now appeared at Canada.com on December 15.)
BURNABY, B.C. — A Texas-based rail company is suing the City of Burnaby, saying the city caused part of its property to collapse while doing wetland work.
Court documents show Burlington Northern Santa Fe Railway is seeking undisclosed damages for emergency repairs to its railway line after a bank supporting the line collapsed near Crabapple Creek.
The suit also names Embassy Development Corporation, which was developing a site nearby, and an unknown excavator hired by either the city or the developer.
The company alleges that, in August 2005, the city or Embassy were digging a drainage ditch to divert the flow from a drainage pipe that ran under the railway into the creek. The work was taking place on city-owned property.
Excavation work was near the south of the railway’s right-of-way when the south half of the bank collapsed, the company alleges.
“As a result, BNSF closed the south railway track and made emergency repairs to stabilize the (right-of-way) track embankment by … back-filling the rail ditch and installing mineral fill, and installing three temporary drainage pipes to handle water runoff,” the company says in its statement of claim.
From September to December 2005, the company did more repairs to shore up the bank, including repairing culverts and removing fill.
“BNSF suffered an interference with the beneficial use of the land and its business was interrupted.
“Also by reason of nuisance, BNSF incurred costs and expenses to restore the stability of the … track,” the suit alleges.
The company also claims that employees of the city and of Embassy failed to design a proper shoring system to protect the bank and made matters worse by pumping water from the ditch while digging.
Besides repair costs, the company also wants Embassy and the city to pay for cleanup, the cost of closing the line, and a geotechnical report on the bank.
City solicitor Bruce Rose said the city has not been served with the suit, but added it’s not uncommon for suits to be filed in court before they are served to a defendant.
He declined to comment on the allegations, except to say the city has discussed the matter with BNSF.
“I believe we did deny liability,” Rose said.
A woman who answered the phone at Embassy Development Corporation said the company is not willing to comment.
Gus Melonas, spokesperson for BNSF Railway, said the company does not discuss ongoing lawsuits.
A city planning report says that a highrise Embassy planned to build at 5650 Lougheed Hwy. would require the closure of a minor watercourse on the east side of Holdom Avenue.
As a result, Embassy would have to compensate by doing enhancement work on Crabapple Creek, south of BNSF’s rail line, the report states.