Lytton, BC, Sues CN, CP Rail and Transport Canada Over 2021 Fire That Razed Village

The village of LyttonBC, and the Thompson-Nicola Regional District are suing Canada’s two national railways and Transport Canada for failing to allow trains to run through the city during the deadly 2021 heat dome, before a wildfire devastated the community.

The claim notice says a train passed through the village 18 minutes before the first report of a fire near the tracks that eventually destroyed 90 percent of the town’s buildings and scorched another 500 square miles of land.

In the claim filed in the B.C. Supreme Court on June 16, attorneys argue that the Canadian National and Canadian Pacific railroads continued to operate through late June 2021, despite record heat and an extreme wildfire threat.

According to the claim, the railways failed to ensure that the train’s braking and other systems were safe, that they did not use reasonable fire prevention practices and that they did not watch for smoke or fire along the tracks.

It is seeking general and special damages and costs related to everything from the emergency response to the investigation into the cause of the fire and the reconstruction of the village.

None of the allegations has been proven in court and CN, CP and Transport Canada have not filed a response to the claim.

Representatives for CN and CP declined to comment on the matter.

Transport Canada also declined to comment on the legal action “out of respect for legal process”.

“Transport Canada reiterates that the safety and security of Canada’s transportation network, including our rail system, remains of paramount importance to the department,” it said in the statement.

Deanna Campbell, general manager of business and legislative services for the district, said the action was filed on her behalf by her insurer, the Municipal Insurance Association of BC, and had yet to be served on the defendants.

According to the claim, the train passing through the village around 4:30 p.m. on June 30 was owned or leased by CP, but operated by CN employees on CN tracks. It says the fire was first reported at 4:48 p.m. near tracks west of town.

A Transport Security Council report released in October 2021 found no evidence that rail operations were the cause of the Lytton wildfire.

But the claim says CN failed to prevent an “unreasonable risk of the train igniting surrounding combustibles…whether through sparks or other combustible material.”

It says CP should have known conditions were unsafe and failed to install or properly maintain a spark arrester system and other mechanical devices to prevent an unreasonable risk of fire.

Transport Canada was accused of breaching its duty of care to the community by not ordering CP and CN to stop trains during the heat wave with temperatures in the village hitting an all-time high of 49.6C on June 29.

The claim does not set any amount of damages. The Insurance Bureau of Canada last year estimated insured losses from destruction Lyttonat $102 million.

The 2021 heat dome was one of the most extreme weather events in recent Canadian history, blamed for hundreds of deaths in BC