A judge from the Supreme Court of British Columbia has given the green light for a class-action lawsuit against Canadian Pacific and Canadian National railways to proceed following a devastating fire in June 2021 that ravaged most of the town of Lytton, B.C.
In a ruling issued by Justice Ward Branch on Tuesday, it was stated that there is credible evidence supporting the plaintiffs’ claims that the “horrific fire” was a result of railway activities, as both CN and CP have adjacent tracks running through the community.
After the fire, multiple lawsuits were filed by individuals and First Nations groups, with a separate class-action attempt in 2023 being rejected. The lead plaintiff in the approved lawsuit is Carel Moiseiwitsch, who lost her home in Lytton along with the assets of her home-based information technology and design business due to the fire.
The judge’s ruling highlighted the trauma endured by the woman who was displaced by the fire, emphasizing the emotional toll of losing her home, her cat, and her established way of life.
Another representative, Jordan Spinks, a member of the Kanaka Bar Indian Band, faced displacement for several months due to the fire, leading to job loss and significant mental health strain.
The class-action lawsuit aims to provide compensation to those who suffered losses in the fire, including subcategories for family members of deceased individuals and those who lost uninsured property.
The fire claimed two lives and caused extensive damage to the town during a heatwave that set a new Canadian temperature record of 49.6 C in Lytton just before the blaze.
Officials believe the wildfire that razed Lytton was caused by human activity, but the source is still under investigation.
Anthony Vecchio, the legal representative for the plaintiffs, disclosed that a trial for the case is set to commence in