Lytton/Vancouver(with files from CNW/City News and Slater Vecchio LLP) – It was the blaze that wiped out a town.
A proposed class action lawsuit brought by Lytton residents that aimed to hold major Canadian railway companies liable for the damages of the 2021 Lytton Creek wildfire won’t be moving ahead.
The BC Supreme Court did not certify the suit, explaining it failed to provide evidence that freight trains caused the fire. The province’s highest court added the case was overly broad and “bound to fail.”
The court did offer a glimmer of hope, saying if these issues could be addressed a future case could proceed.
From Slater Vecchio LLP:
In reasons released on August 9, 2023, the Honourable Chief Justice Christopher Hinkson invited the plaintiff to amend his pleadings to meet the criteria to certify the claim as a class action.
By allowing the plaintiff to amend their pleadings, the Court recognizes the benefit of their claim proceeding as a class action and provides an opportunity for further development of the certification of a class action.
Anthony Vecchio, K.C. of Slater Vecchio expressed optimism about the Court’s decision, stating: “We respect the Court’s ruling and appreciate the opportunity to amend our pleadings. We remain confident that a class action is still the best avenue to represent the interests of the affected individuals.”
The class-action lawsuit represents a diverse group of individuals and entities adversely affected by the Lytton Creek Wildfire, which was sparked on June 30, 2021. This includes those who suffered personal injuries, incurred property losses, were forcibly displaced, and whose businesses were disrupted. Any individual or business that suffered one or more of these losses is automatically a class member in the action, if certified, unless they choose to opt out.
Class members are advised to retain any relevant documentation relating to their losses caused by the Lytton Creek Wildfire such as expense receipts, property inventories, and any other pertinent information.
