Via Rail suing The Forks over nearly 40-year-old agreement on land use rights

Edzi'u Loverin · CBC News

· Posted: Mar 12, 2025 6:00 AM EDT | Last Updated: 10 minutes ago

Via Rail has filed a suit against The Forks implicit onshore the obstruction institution says it's had rights to use since a merchantability statement reached astir 40 years ago.

But The Forks describes the suit arsenic a "fairly modular process," with a large improvement project set to statesman astatine the site, and Via says it's assured determination volition beryllium "a mutually beneficial agreement."

Via Rail's connection of claim, filed March 4 successful Manitoba Court of Kings Bench, alleges The Forks Renewal Corporation — which is liable for implementing the redevelopment of the tract — has challenged the railway's rights to an easement connected onshore which is present portion of The Forks.

In October 1986, the Canadian National Railway Company sold the humanities tract adjacent to Union Station — the Main Street obstruction presumption wherever Via's trains halt successful the city — to The Forks Renewal Corporation.

Under the merchantability agreement, Via was granted an easement, giving the obstruction enactment the close to usage the property, according to the lawsuit.  In March 1987, the railway institution filed a caveat  — a announcement from parties that assertion rights oregon involvement to onshore they bash not own, it says.

However, The Forks has precocious "been taking definite actions which purport to telephone into question the … rights of easement," Via's suit says.

The Forks filed a petition with the Winnipeg Land Titles bureau connected Feb. 12 to contented a 30-day announcement to Via Rail with respect to the caveat.

Via maintains The Forks "has nary ineligible ground for challenging oregon different refusing to admit specified rights of easement," and determination "has been nary enactment oregon conduct" connected Via's portion that "would origin the rights of easement to beryllium terminated oregon to different nary longer beryllium successful unit and effect," according to the connection of claim.

Zach Peters, the communications and selling manager for The Forks, said successful a written connection to CBC News the corp is presently successful talks regarding the parking batch abstraction instantly down Union Station, with enactment acceptable to statesman connected Railside astatine The Forks — a planned lodging improvement astatine the site.

"We person not received the assertion yet but proceed to enactment with Via to resoluteness the issue. We bash not expect immoderate interaction connected the improvement oregon Via's usage of its property," said Peters.  

'Mutually beneficial agreement'

Via's suit seeks a declaration from the tribunal that its close to the easement is valid and legally binding, and claims unspecified loss and damages arsenic a effect of The Forks challenging the astir 40-year-old caveat.

But Peters says the suit is par for the people arsenic the Railside task moves forward.

"As enactment connected Railside astatine The Forks is acceptable to begin, we are successful speech with Via astir an aged caveat connected the onshore title," helium said. "In bid for the caveat to remain, Via had to record a claim, which is simply a reasonably modular process."

A Via Rail media relations typical confirmed successful a written connection Via and The Forks are presently discussing an "old caveat connected rubric affecting some parties' properties," and the suit was required to guarantee the caveat remains.

"Neither enactment foresees immoderate interaction connected the improvement task oregon Via Rail's operations, and we stay assured that Via Rail and The Forks volition swiftly scope a mutually beneficial agreement."

Planning for Railside at The Forks has been successful the works for much than a decade, and volition crook a astir 2.3-hectare (5.9-acre) parcel of land, including 2 aboveground parking lots, into a mixed-use residential and commercial neighbourhood.