The Okanagan Indian Band injunction claim on the sale and purchase agreement of the Okanagan Rail Corridor has been dismissed.
The announcement was made in a news release from the City of Kelowna late this morning.
B.C. Supreme Court Justice Meyers ruled today that the Okanagan Indian Band claim does not meet the three-part test that merits an injunction, rejecting it on the grounds that there would be no “irreparable harm” if the injunction were not granted and that the “balance of convenience” does not weigh in favour of an injunction.
Local governments will proceed on closing the sale and purchase agreement with CN by the end of the day on the understanding that CN has the legal right to sell the land.
“With no injunction in place CN is within its right to sell the corridor lands,” said Doug Gilchrist, Divisional Director Community Planning & Real Estate for the City of Kelowna on behalf of the regional partners.
Local governments respect and support the Okanagan Indian Band in its claim of reversionary rights on land that falls within IR No. 7 and, as such, those parcels have been excluded from the pending agreement with CN.
“Our understanding is that the specific claim over the Commonage reserve was concluded however land claims are ongoing across Canada and the City will respect any final decisions by Canada or the courts,” said Gilchrist. “We hope to continue to work with Okanagan Indian Band for the mutual benefit of all our citizens.”
The municipalities of Kelowna, Lake Country, Coldstream and Vernon, as well as the regional districts of Central Okanagan and North Okanagan, have jointly identified the value the rail line could have as a continuous multi-modal transportation corridor connecting all the communities.
“Once the sale is finalized, we look forward to engaging communities about their vision for the corridor,” said Gilchrist. “We remind residents that while the corridor will be acquired as municipal-owned land it is currently not open for public use.”
Designs, public consultation and operating models will be evaluated for developing the corridor but it may be some time before the route is sufficiently developed and the corridor is open to the public
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