BC Supreme Court Rejects Class Action Lawsuit for Lytton Wildfire

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The judge, however, left the door open for another try.

A BC Supreme Court justice has declined to certify a class action lawsuit for Lytton residents impacted by 2021’s devastating wildfire, but has left the door open for lawyers to try again.

Both Canadian Pacific Railway and Canadian National Railway were named defendants, alongside a railway compliance company, the federal government, five unnamed corporations, one John Doe and one Jane Doe. “Beyond the assertion that several trains passed through Lytton on the day the wildfire started, and that there was some vegetation adjacent to the tracks, there are no facts alleged as to how any of CPR’s or CNR’s trains, railways, or employees caused the wildfire,” Hinkson ruled.The justice also found issues with the proposed class that would be included in the lawsuit, which proposed to lump groups of people that suffered different types of losses into one “single colossus.

The justice did, however, determine that a class action could ultimately be the best way to advance the claims put forward in the lawsuit.

 

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