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Shelter loses road access fight

Last Updated: Thursday, October 1, 2009 | 5:17 PM MT

The Calgary Drop-In Centre argues road changes will hinder its daily operations including deliveries, and access for donors and volunteers.The Calgary Drop-In Centre argues road changes will hinder its daily operations including deliveries, and access for donors and volunteers. (CBC)

The Calgary Drop-In Centre has lost its bid for an injunction that would require the city to provide better road access in front of the homeless shelter.

On Thursday, Court of Queen's Bench Judge Stephen Hillier dismissed the centre's request to restore road access on Fourth Street S.E. which has been temporarily closed since July for construction.

Lawyers for the shelter had argued the city closed the road without following proper bylaws or public consultation.

It objected to plans by the city to permanently realign Fourth Street with a laneway connecting to the shelter, saying the lane wouldn't be wide enough for delivery trucks or buses to turn around.

The centre says the current detour is already confusing volunteers and donors and also hampering trucks.

But Hillier said the inconvenience did not prove "irreparable harm" since the shelter has continued to serve meals and accommodate the homeless.

Fix relationship, judge advises

He also advised that the City of Calgary and drop-in centre work on repairing their relationship, which has been strained by the dispute.

"How many cases do you know of where people are so nice and agreeable and get along on all the questions of concern and end up in court. You go to court because you are not able to resolve," said Dermot Baldwin, the centre's director.

Hillier suggested a way to heal the rift is for the city not to ask the shelter to pay the legal costs of the case.

"They are a non-profit. We recognize it would be difficult for them to raise the funds and it may be the first step to helping to repair the relationship the judge noted might have been fractured," said Chris Ollenberger, president and CEO of the Calgary Municipal Land Corporation.

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