The Quayside Community Board is like the Little Engine that Could when it comes to railways noise.

As a result of a complaint filed in 2008, the Canadian Transportation Agency assisted the Quayside Community Board in reaching a mediated settlement with rail companies operating in the rail yard adjacent to the Quayside neighbourhood. The intent of that settlement was to reduce, and ultimately eliminate the unreasonable noise and vibrations being generated by nighttime operations, for the benefit of the community.

In April 2010,the Quayside Community Board filed a new noise and vibration complaint. It has requested that the Canadian Transportation Agency issue an operating guide for the rail companies that restricts operations in this rail yard to between 7 a.m. and 11 p.m., as the railways were not following the mediated settlement.

James Crosty, president of the Quayside Community Board, said the residents' association has had to contend with "overpowering legalize" presented by the railways.

"We are going through the minefield of legalese in order to get a solution to the problem," Crosty said. "We don't care about process, we just care about results. The lawyers are fighting the process."

Brian Allen, chair of the Quayside Community Board's rail noise committee, said the Quayside Community Board filed a new complaint as a result of the railways' refusal to meet the terms of the previously mediated agreement. He said the Canadian Transportation Authority recently ruled in the Quayside Community Board's favour, but the railway companies then filed a notice of motion for leave to appeal the case to the federal Court of Appeal.

Allen said a judge will decide whether the case should be dismissed, proceed to the Court of Appeal or go back to the Canadian Transportation Agency.

While the Quayside Community Board gets the feeling that railways are "grasping at straws" in their submission, Allen said it will have to wait for a decision from the judge who will consider the issue. He said the current process wouldn't be necessary if the railways had honoured the spirit and intent of the mediated settlement.

"They are trying to push everything through the legal system and bury us," he said. "The last filing was about 600 pages. The motion itself is 600 pages, including references to legal documents. Our reply is two pages long."

While the Quayside Community Board is focusing on getting some peace and quiet for residents, Crosty said its actions may have far-reaching effects.

"We are setting precedent," he said. "If this is successful, it will have an effect right across the country."

Allen said the Sapperton yard, which is near the TransCanad Highway and United Boulevard, has an ability to do the work that's being done at the local rail yard during the night.

"It's all industrial and commercial - a perfect location for it," he said. "There is the capacity available. The Sapperton yards are not being used."

Allen said the noise is "terrible", with engines idling at 80 to 90 decibels and reaching 120 decibels at times. The shunting of train cars exacerbates the noise problem.

The Quayside Community Board may lack money and legal firepower, but it has passion.

"I am eternally optimistic and persistent," Allen said. "I have been on this for seven years. I will never quit."

In related news, Burnaby-New Westminster MP Peter Julian recently tabled a private member's bill in the House of Commons that would prohibit railway companies from engaging in noisy rail yard activities in residential "continue to pay only lip service" to residents' complaints so legislation is needed to address this issue.