A judge in 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 that engulfed most of Lytton, British Columbia, in June 2021.
In a ruling issued by Justice Ward Branch on Tuesday, it was noted that there is a factual basis to support the claims made by the plaintiffs alleging that the fire, described as “horrific,” was linked to the railway operations of CN and CP, which have parallel tracks running through Lytton.
Following the fire, multiple lawsuits were filed by individuals and First Nations groups. A separate class-action lawsuit was rejected for certification in 2023, while the current certified action has Carel Moiseiwitsch as the representative plaintiff. Moiseiwitsch lost her home in Lytton and the assets of her home-based information technology and design business in the fire.
The judge’s decision highlighted Moiseiwitsch’s claims of being displaced by the fire and experiencing lasting trauma due to the escape, loss of her home, cat, and familiar way of life.
Another representative plaintiff, Jordan Spinks, a member of the Kanaka Bar Indian Band, was also displaced by the fire for several months, losing his job and suffering mental health repercussions.
The class-action is intended for those who suffered losses in the fire, with subclasses dedicated to family members of fire victims and individuals who lost uninsured property. The fire, which occurred during a record-breaking heatwave with temperatures reaching 49.6 degrees Celsius in Lytton, resulted in the deaths of two people and significant destruction to the town.
Anthony Vecchio, the lawyer representing the plaintiffs, announced that a trial is set to commence in May 2027. The certification of the class-action lawsuit will grant access to relevant documents held by CN and CP for the discovery process leading up to the trial.
Tricia Thorpe, a director with the Thompson-Nicola Regional District who lost her home in the fire, expressed optimism about the lawsuit’s certification, although she anticipated a potential appeal from the railways. She mentioned a sense of relief among residents that their concerns were being acknowledged.
Reflecting on the aftermath of the fire, Thorpe emphasized the feeling of neglect experienced by many impacted individuals, highlighting the focus on the village’s recovery rather than on the residents who have been displaced.