Railway's lawyers argue 1906 James Street Swing Bridge agreement does not hold up more than a century later as company attempts to get out of deal with the City of Thunder Bay.

THUNDER BAY – CN Rail says the city’s expectation for the railway company to perpetually repair the James Street Swing Bridge is unreasonable and unfair.

Lawyers for the railway on Thursday made the argument in Superior Court, stating major construction work is needed to bring the bridge up to modern safety standards.

The bridge has been closed to vehicular traffic since October 2013, when a fire engulfed the span crossing the Kaminisitiquia River.

CN is in court with the City of Thunder Bay, the city saying the company has an obligation through a 1906 agreement, to maintain the bridge in perpetuity.

Lawyers Allen Pratt and Duncan Ault, representing CN, asked Justice George Smith to consider the bridge’s current situation in context with the 111-year-old agreement, signed between the Grand Trunk Pacific Railway and the City of Fort William, arguing that in the first decade of the 20th century neither side foresaw the increase in traffic volumes nor the increase in vehicle size and weight.

At the time of the 2013 fire, about 8,000 vehicles crossed the span between the City of Thunder Bay and Fort William First Nation each day. The centre lane has remained open to pedestrians and rail traffic, with trains starting to cross the bridge again within days of the spectacular blaze.

The company’s lawyers argued in court that to re-open the bridge to vehicular traffic means CN would have to redesign and reconfigure the span.

The court case, which started on Wednesday, is scheduled to last three days.

With files from Christina Jung, Thunder Bay Television.