Vancouver British Columbia - Tonight, Global TV reported that crews working for Canadian Pacific Railway will be back on the Arbutus corridor in the Marpole area on Tuesday (10 Feb 2015), much to the consternation of those living in the area.
 
The work will reportedly begin along the track near West 70th Avenue.
 
Shortly before last November's civic election, Canadian Pacific Railway promised not to bulldoze any more community gardens until December.
 
Last month, B.C. Supreme Court Chief Justice Christopher Hinkson rejected the City of Vancouver's application for an injunction to stop CP Rail from resuming its work.
 
Hinkson concluded that the railway had legal authority over its 8.82-kilometre strip of land along Vancouver's West Side.
 
The corridor, which is mostly 66 feet wide, runs from West 1st Avenue and Fir Street south to Milton Street, according to Hinkson's ruling, ad covers 17 hectares.
 
In recent years many Vancouver residents and groups have created community gardens along the property.
 
Hinkson noted that one of the oldest, which is between West 49th and West 54th avenues, was created during the Second World War.
 
"Other individuals have used parts of the Corridor as a foot and bicycle path," he stated.
 
"Others have used the Corridor as a place to park their cars."
 
The City of Vancouver argued in court that the railway had effectively abandoned the corridor, which would mean that it no longer fell under the jurisdiction of the federal government.
 
However, Hinkson rejected this argument, as well as the city's claim that the demolition of gardens was contrary to the official development plan.
 
"CPR maintains that its infrastructure strategy includes reinvestment in rail infrastructure and elimination of any redundant or seldom used track infrastructure on, or adjacent to, its main line," Hinkson concluded.
 
"It argues that in or around April 2014, when it determined that a sale of the Corridor to the City appeared unlikely to be achieved in the foreseeable future, it decided to use the Corridor for purposes of rail car storage to reduce congestion on its main line and within its Port Coquitlam Yard.
 
CPR says that this will reduce costs and assist performance and serve CPR's overall operations strategy."

Charlie Smith.