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Canadian Pacific Wildfire Class Action Lawsuit Overview:
- Who: Carel Moiseiwitsch lodged a class action lawsuit against Canadian National (CN).
- Why: Moiseiwitsch alleges a Canadian Pacific train operated by CN employees is responsible for a fire that burned down 90 per cent of Lytton, B.C. in June.
- Where: The lawsuit was filed with the BC Supreme Court.
A Canadian Pacific freight train operated by Canadian National (CN) employees helped start a fire that burned down 90 per cent of a village in British Columbia in late June, a new class action lawsuit alleges.
Plaintiff Carel Moiseiwitsch claims the fire that ravaged the village of Lytton, B.C. was caused by heat or sparks from the Canadian Pacific train as it crossed a bridge that runs over the Fraser River.
Canadian Pacific Knew of Fire Danger As Temps Soared
Temperatures on the day soared to a record-high of nearly 50C, which CN and Canadian Pacific should have known would make the train unsafe to operate, according to the class action lawsuit.
“The Province of British Columbia notified the defendants of extreme risk of wildfires, which was the highest possible rating according to the Canadian Forest Fire Danger Rating System,” states the class action lawsuit.
Plaintiff says the blaze wasn’t caused by a lightning strike or nearby forest fire and burned the town in less than two hours. The fast-moving fire that destroyed homes, businesses, the local RCMP detachment, the village’s ambulance station, the Chinese History Museum, and the Lytton Hotel was instead caused by sparks thrown from the tracks, claims the class action.
Moiseiwitsch lost her home, the graphic design company she operated out of it, and her pet cat during the fire she alleges was caused by CN and Canadian Pacific’s alleged negligence.
CN and Canadian Pacific should have known the conditions on that day were unsafe to operate any trains and had failed to ensure the rail had proper spark arrestors and other systems that would have lessened the fire danger, Moiseiwitsch alleges.
CN also failed to properly remove brush, tinder, and other flammable materials from around the rail tracks, according to the class action lawsuit.
“Rail trains have been starting fires in Canada and British Columbia for over 140 years. Risk of fire caused by train operation is well known and understood by the defendants,” states the class action lawsuit.
Plaintiff is demanding damages to cover the losses of property, business income, housing, and pain and suffering for herself and others affected by the blaze.
The class action lawsuit is reminiscent of when California residents fought for compensation after the Thomas Fire destroyed more than 1,000 homes in-and-around Santa Barbara and Ventura in late 2017.
Were you or any of your loved ones affected by the fire? Do you believe Canadian National and Canadian Pacific bear responsibility? Let us know in the comments.
The Canadian Pacific Fire Class Action Lawsuit is Moiseiwitsch v. Canadian Pacific and Canadian National Railways, Case No. unknown, in the B.C. Supreme Court.
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