For over two weeks, the City of Winnipeg has been causing chaos on streets and sidewalks after re-directing traffic off of Assiniboine Avenue to begin building a bike lane.
Despite warnings from area residents and businesses that they had never gotten proper notices or maps that clearly explained the plan so they could provide feedback, and that emergency vehicles could not possibly navigate the new-found gridlock, ONLY deaf ears at city hall and blank stares from the mainstream media greeted all complainants.
The Great Canadian Talk Show exposed the bullying of the city and the desperate conditions faced by South Broadway stakeholders.
* Seniors lugging oxygen tanks for blocks due to canceled bus routes,
* pedestrians almost mowed down by sidewalk cyclists,
* food deliveries to social services made impossible by a maze of one way streets,
* twenty minute drives taking over 45 minutes,
* and polluted air from the idling, waiting vehicles wafting through apartment windows.
Now a courtroom will hear the pleas of those affected for proper consultation and answer the question if the bike lane is even legal in the first place.
We got the exclusive details on our show after papers were served late today at 501 Main Street:
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Marty
Quite simply, 6 plaintiffs have filed a statement of claim against the city and the city was served late this afternoon.
The plaintiffs include 10 Donald Street which owns that building, Unicity Taxi, the owners of 33 Hargrave, Dubrovnik Restaurant, Giovanni Geremia, Architect and Avendi Vending.
Fundamentally, our position is that what the city is doing with respect to Assiniboine, Hargrave and neighbouring streets requires a bylaw to be passed which the city did not do.
Accordingly it is our position that they are without jurisdiction or authority to undertake these works, and we have asked the court to prohibit them from continuing the construction that has been wrongfully undertaken and to return the streets to their condition before the construction began.
We also filed a motion requesting the court to expedite a hearing on a motion to prohibit them from continuing construction and to reverse what they have done.
We have filed material with the court which lays out concerns with respect to the improper process that has been followed, the significant concerns with respect to the health and safety of citizens related to the impeding of reasonable access for emergency vehicles, the fact that access and egress to many locations in the neighborhood have been unreasonably reduced, that traffic has been gridlocked within the neighborhood and onto Broadway, and the complete lack of consultation related to this ill thought out plan that is hurting the citizens who work and live in this area, as well as those who travel to or through it.
However, these are the consequences of their actions. The core of our case is that they have no authority to do what they are doing.
The claim also seeks damages.
DOUGLAS J. MACKENZIE
Barrister and Solicitor
CAMPBELL, MARR LLP
Edit: We also received this email from one of the plaintiffs, who couldn't help but listen to our broadcast, seeing as they were stuck in traffic:
Today it took me about 30 minutes to get from Great West Life to my office. Even at rush hour (as today) this used to be a five minute trip.
