October 29, 2003

Borley’s War

 

Features ¢ the other press ©

 

Wendy Harris
OP Contributor

It helps to have an ancestor who started a war. Harvey
Borley, past promoter of big band names such as the
Rolling Stones, Blue Oyster Cult, and Electric Light

Orchestra, present-day producer of name acts, and

Canada and CN’s irremovable road-to-river-crossing
contract, essential to access the land. Originally,
West's father Henry owned 74 acres that became sev-
ered in 1911 as a result of the new CN rail line. Lot

owner of Astro 3, the parcel of land
Records, has been kK ; Borley eventually
embroiled in a battle W hen you think of all acquired, runs north,
with the CN Railroad adjacent to CN’s right of

in one way or another
since 1995. While
Borley acknowledges
he’s like a flea on
CN’s back, he's not
about to jump
off...even if it kills
him.

Perhaps _ Borley’s
tenacity stems from
great-grandma
Harriet Beacher
Stowe, author of

Uncle Tom's Cabin.

the people living alongside
rivers that have lost land
as a result of the vibra-
tions, people that cant
access their land proper-
ly...generally people like
me that CN and their

way, bounded on the
north by the Fraser River,
and on the east’ by the
mouth of West Creek.
Concerned
safety issues, West asked
for the removal of the
crossing planks after being
assured that CN would
replace the planks upon
written request. While the
crossing itself was inactive
at the time the property
was sold to Borley, the

over

After the Fugitive crossing agreement with
Slave Law was passed, CN was very much still
Harriet wrote her army of lawyers want to active.

novel hoping she After purchasing
could expose the the property, Borley failed

nation to the horror
of slavery. The book
did more than that.
Uncle Tom’s Cabin
sold over 300,000
copies in one year,
was published in 37
languages, and pro-
vided the public fuel
the Abolitionists
needed to get rid of
slavery. When
President Abraham Lincoln later met Stowe in the
White House, he remarked, “So you're the little lady
who wrote the book that stagted this Great War.”

While Borley’s.ba
ison to the fight to

 

bury in paperwork... it

just makes me all the
more determined to take
it back to the Supreme

Court.” Harvey Borley

in his bid to have the con-
tract honoured and the
planks replaced. CN
referred to a private cross-
ing agreement with West,
pointing out a clause in
the small print stating
that the crossing was not
transferable without CN’s
written consent. ae
canceling the
had with
tained they had the right 5:

contract once th¢@:

7

ortation
unprece-

  

_ of an acre’s worth. Bo

http://www.otherpress.ca

oto by Angela Blattmann

 

tions of 24 to 28 eastbound trains and 20 to 26 west-
bound trains were directly responsible for the erosion
of his land.

Borley’s nightmare with his sinking property invest-
ment had only just begun. In 1999, his three-bed-
room houseboat, moored off the property, was con-
sumed in an unexplained fire. Uninsured, as the land
was considered inaccessible and therefore uninsurable,
Borley’s million-dollar collection of rare, live record-
ings and other memorabilia from the early ’60s and
onwards, also went up in smoke.

Apart from a small chunk of land he still owns,
Borley sold what remained of his property for
$20,000. Recently, Lot 3 was assessed at $7,900, a far
cry from Borley’s original purchase price of $150,000.

At an age when he should be thinking of slowing
down, Borley’s war with the Canadian National
Railway and the Canadian government pushes him all
the harder toward lasting success with his company,
Astro Records—a combination of work and fight for
which his friends, including Sir Bob Geldof of the
Boomtown Rats, highly admire and respect him.

Without legislative protection from liability, Borley
realizes that his case for breach of contract against CN
would have been settled long ago. After years of
knocking legal heads in the courtroom, however,
Borley is no longer prepared to accept a token “shut
up and go away” from anyone.

“Tm talking class action,” says Borley. “When you
think of all the people living alongside rivers that have
lost land as a result of the vibrations, people that can’t
access their land properly... generally people like me
that CN and their army of lawyers want to bury in
paperwork. .it just makes me all the more determined
to take it back to the Supreme Courtgiae
While acti .

  
  
   
 
 
      
 
  
 
    
  
    
 
  
  

Pee have stated in part, “The fact
will inevitably damage some individuals
explain why those individuals should be respons
for paying for the damage.”
Borley couldn't agree more. “Just think, though,” he
says, eyes narrowed as he reflects on the toll his war
with CN has cost him, “If my case sets precedence
and I’m compensated at five cents per ton of freight, I

 
  

   

_ could own CN. That's what they're afraid of.”

Ah, if only Great-Grandma Harriet were still
alive. ; she'd like that.

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