BNSF Railway Co. has filed suit against a group of individuals over alleged threats that the group would block the company's train movements.
The suit, filed May 4 in BC Supreme Court, names as defendants: Bruce Mohun, Peter Nix, John Doe, Jane Doe and "persons unknown."
The suit seeks an injunction against the group to restrain them from "interfering with the plaintiff's rail operations on a rail track stretching from Vancouver to the U.S. border at Blaine, Washington.
Further, or alternatively, it seeks damages.
The suit alleges that BNSF received a threat on April 30, notifying the railroad of the defendants' intention to blockade BNSF coal trains at the rail crossing where Martin Street and the White Rock Pier intersect the track. It states that the trains run between the U.S. and the coal export terminal at Roberts Bank.
The suit further alleges that, commencing on May 5, the defendants "have blocked, obstructed or prevented the movement of BNSF trains on or over the crossing" and "blocked, obstructed or prevented BNSF, its servants and agents, and other railway companies, from [carrying] on its railway business."
The suit alleges that the plaintiffs' actions:
•interfere with BNSF's economic interests;
•constitute a "conspiracy to injure";
•involve the tort of intimidation;
•constitute trespass and nuisance; and
•breach the Railway Safety Act.
None of these allegations has been proven in court.
As of press deadline, no response to the civil claim had been filed.
