New Westminster rail noise complaint fought in court

A group of sleep-deprived New Westminster, B.C., residents were in court on Tuesday to face off against the country's largest railway companies over their noise complaints.

James Crosty the president of the Quayside Community Board says his group has been fighting for peace and quiet for about a decade.

Three years ago his group made a confidential agreement with CN, CP and other companies to curb the noise, but the rail lines have not lived up to the deal and the trains continue to rumble by as often as three times a night, he says.

"So you've got a couple of hours in between each racket to get some deep sleep. Well, we all know that's impossible."

Crosty says it's not unreasonable to expect the trains to curb their activity at night, despite the fact that the rail lines were built long before the residents arrived. 

"Regardless of whether they were there first or not, you still have a right to a peaceful night," he says.

Rail company lawyers consider matter closed

A 2007 amendment to the Canada Transportation Act authorizes the Canada's Transportation Agency — a quasi-judicial administrative tribunal — to step in and resolve noise and vibration complaints caused by railways.

"We just want that peace and quiet that everybody wants, if your neighbour is mowing the lawn at 2 a.m., there's a bylaw against that, so why isn't it the same for rail companies," he said.

"Planes in airports, they're regulated. Landing in the middle of the night is not something you see all the time. Most airports are closed, so there's the same analogy."

Lawyers for the rail companies argue this issue has already been dealt with through the mediated talks that in effect amounted to a contract that settled the matter.

The Federal Court of Appeal judges reserved their decision which is expected to be released in three to six months.