“Rival class action lawsuits for victims of the wildfire that devastated Lytton in June 2021 announced in court in Vancouver that they are joining forces to prosecute the case against CN Rail and CP Rail,” the law firms said in their Jan. 30 release.
On June 30, 2021 in the middle of a heatwave that marked the hottest day ever recorded in Canada, a wildfire was ignited in Lytton that killed at least two individuals and resulted in the nearly complete destruction of the Village of Lytton and surrounding areas.
More than 520 buildings were burned and 32,000 people were evacuated as a result of the fire. The fire was classified as out of control by the B.C. fire department. Many of the residents of the area are still displaced.
“An estimated 90 per cent of the Village of Lytton was destroyed by the Lytton Creek Wildfire, with most homes, structures and buildings in the town being razed by the flames,” the statement of claim reads.
The lawsuit also notes that many reserves under the governance of the Lytton First Nation in the area surrounding the Village of Lytton were damaged because of the wildfire.
The lawsuit has alleged that the defendants knew or ought to have known that the temperatures in the Village of Lytton and surrounding areas were extremely high in the days and weeks leading up to the wildfire.
On June 29, the Village of Lytton experienced a temperature of 49.6 C, the hottest temperature ever recorded in Canada.
The statement of claim alleges that the wildfires were sparked by trains owned and operated by the defendants and noted that it had broken out just minutes after the passage of a CP Rail train loaded with coal.
The lawsuit alleges that the wildfire was caused or contributed to by the negligence of the defendants in failing to minimize the fire risk in fire-prone areas in B.C. by clearing the relevant area of organic material and other fuel sources and failing to maintain emergency fire-fighting or fire prevention equipment.
CN Rail and CP Rail did not immediately respond to a request for comment.
“Working together will help us move this case through the court as quickly and efficiently as possible to deliver compensation for people,” said Reidar Mogerman of CFM Lawyers LLP.
The B.C. Supreme Court has agreed to hear the application to certify the class action in October 2025, according to the release.
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