13 January 2006
Lawyer Seeks Class Action on Rail Accident
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Six cars derailed in the 2004 accident.
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Proper compensation is warranted in the wake of an Estevan train derailment that forced at least
150 people from their homes, a Regina lawyer says.
Lawyer Tony Merchant was in court Thursday and Friday asking a judge to allow him to proceed with a class action lawsuit against
Canadian Pacific Railway.
Six tank cars left the tracks and three containing caustic anhydrous ammonia overturned in the 8 Aug 2004 accident.
Fire and police crews told people within a three-block area to leave their homes and a senior citizens home was also
evacuated. No one was hurt and residents were allowed to return two days later.
Ed Greenburg, a CPR official, said the railway compensated 250 people right after the accident.
However, Merchant said the payments were small and covered expenses such as hotel stays and meals. People weren't properly compensated
for stress and risks, he said.
"One person left their dog, another person left a turkey in the oven, people weren't able to do their work, go to their
computers," Merchant said.
He's arguing each person affected deserves about $1,000 to $3,000.
Merchant said the claims should proceed by way of a class action suit, because individuals could not afford to launch the case on their
own.
He also said the number of train derailments has increased dramatically and a class action suit would force the railway to make
important safety changes.
But Greenburg said CPR already places a high standard on safety and works hard to fix problems when accidents do occur.
"Whenever there's an instance like what happened in Estevan, we take it very seriously," he said. "We take corrective
actions to ensure we learn from it to try and avoid a similar situation in the future."
Queen's Bench Justice Catherine Dawson will continue to hear arguments from both sides Friday before making a final decision.
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