Evacuee from fire-ravaged Lytton, B.C., files lawsuit against railways
A woman who lost her home and business in the devastating fire that devoured Lytton, B.C., this summer has filed a lawsuit arguing two Canadian railway companies were at least partially responsible for the blaze.
Carel Moiseiwitsch's claim, filed Wednesday in B.C. Supreme Court, alleges Canadian Pacific Railway and Canadian National Railway "caused or contributed" to the fire that razed most of the village on June 30.
Moiseiwitsch's three-bedroom home, where she operated an IT and graphic design company, was among the properties lost.
“We didn’t realize how fast (the fire) was going and we didn’t realize that the whole town was going to be consumed,” she said Wednesday.
According to the proposed class-action lawsuit, the blaze was not related to other fires burning in the area, but rather began as a result of "heat and/or spark emanating from a freight train" that was owned by CP Rail and operated by CN Rail.
"The Lytton fire was not caused by the forest fire or the Boston Bar fire or a lightning strike. The burn area of the Lytton fire does not overlap with the area of the forest fire or the Boston Bar fire," it reads.
The lawsuit argues the record-breaking temperatures registered in Lytton in the days leading up to the fire – including a sweltering 49.6 C recorded on June 29 – left it unsafe to operate trains.
One of Moiseiwisch’s lawyers, Jason Gratl, told CTV News:
“We are reasonably confident that the eyewitness, train schedule, and burn pattern evidence converge on the conclusion that a CP train operated by CN personnel on CN tracks caused the Lytton fire.”
None of the allegations in Moiseiwitsch's lawsuit have been proven in court, and neither CP Rail nor CN Rail has filed a statement of defence in the suit. Both previously denied they had anything to do with the blaze.
In a statement, a spokesperson for CP declined to comment on the civil filing and told CTV News “any conclusions or speculation regarding any cause … remains premature.”
Spokesperson Salem Woodrow pointed to a previously issued statement that read, in part:
“Based on our review of train records, including contemporaneous video footage, CP has found nothing to indicate that any of CP's trains or equipment that passed through Lytton caused or contributed to the fire.”
CN told CTV News it had received the lawsuit, and the investigation into the cause remains ongoing.
Canada's Transportation Safety Board has been investigating the Lytton fire since July 9. The probe was launched after an initial investigation into the ignition point by the RCMP and B.C. Wildfire Service "raised concerns regarding the potential involvement of a freight train," according to the TSB website.
The TSB has not released a report into the incident or shared any preliminary findings. Officials said the investigation could take two years to complete.
Moiseiwitsch's lawsuit alleges the railways should have known it was unsafe to operate in the Lytton area during the heat wave, and failed to ensure there were "spark arrestors, braking, and other systems on the train that are less prone to cause fire in the vicinity of the tracks."
It also alleges there was a failure to remove brush, shrubbery and other potential fire fuel from the area around the tracks.
Moiseiwitsch is seeking financial compensation in the form of general damages for alleged negligence on the part of the defendants, as well as punitive damages and aggravated damages. Her lawsuit also asks that the court declare the fire a private and public nuisance.
She and her partner are temporarily living with family in Vancouver, and even if they rebuild their home in Lytton, she’s not sure if she wants to return.
“(The fire) was like a massive monster or something. It was all your worst nightmares,” Moiseiwitsch said.
“I think I would be too afraid (to return),” she added.
CTVNews.ca Top Stories
Canadian gov't proposes new foreign influence registry as part of wide-spanning new bill
Prime Minister Justin Trudeau's government is proposing a suite of new measures and law changes aimed at countering foreign interference in Canada, amid extensive scrutiny over past meddling attempts and an ever-evolving threat landscape.
Boeing Starliner capsule's first crewed test flight postponed
The long-awaited first crewed test flight of Boeing's new Starliner space capsule was called off for at least 24 hours over a technical issue that launch teams were unable to resolve in time for the planned Monday night lift-off.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
Newfoundland and Labrador latest province to tighten rules on Airbnbs
Newfoundland and Labrador is the latest jurisdiction to bring in stricter rules for short-term rentals, with a coming set of regulations that will force operators to register with the provincial government.