Kitsilano bike path plan runs up against court injunction

The City of Vancouver has agreed to an injunction that halts the construction of a separated bike path through Hadden Park in Kitsilano while the legality of the plan is assessed.

Vancouver Park Board approved $2.2-million link through Kitsilano Beach and Hadden parks this month

Bob Kasting argues a bike path would violate the trust agreement 2:42

The City of Vancouver has agreed to abide by a B.C. Supreme Court injunction that halts the construction of a separated bike path through Hadden Park in Kitsilano.

In October, the city's park board approved plans to build a 3.5-metre wide path through the park, and through Kitsilano Beach Park. 

The new bike path is intended to be part of the city's Seaside Greenway, a plan to build a bike lane all around the waterfront from Canada Place in downtown Vancouver to Jericho Beach. Construction was expected to be completed by the summer of next year.

Hadden Park, which includes a dog off-leash beach area, was donated to the city by Englishman Harvey Hadden in 1928. The Vancouver Park Board voted to build a separated bike lane through Kitsilano Beach and Hadden parks in October 2013. (Google Street View)

But opponents of the project came forward forcefully with rallies and protests after the plan's approval, saying the path's placement will ruin the parks, which they say are meant more for people on foot.

Robert Kasting, who represents Megan Carvell Davis, says the injunction was filed to halt construction while the legality of the project is assessed.

Davis, a historian, brought forward information about a special restriction on the use of Hadden Park.

"There's a trust by which the park was gifted to the city back in 1928, which requires that the park be left in its natural state," Kasting explained. "So the challenge to that resolution of the park board is that it's illegal."

Kasting said that the city's legal staff have been very co-operative after learning about the potential restrictions on the park.

If a legal hearing does proceed in court, it won't take place for several months, he said.

The Vancouver Park Board voted to build a separated bike path through Kitsilano Beach and Hadden parks in October 2013. (City of Vancouver Park Board)

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