Canadian Pacific Railway Continues Court Action on Lac Megantic Train Disaster Settlement

Train

Despite its continuing involvement in the Lac Megantic legal case, Canadian Pacific Railway continues to operate loaded crude oil trains over its system, like this one led by Norfolk Southern’s Pennsylvania Railroad heritage locomotive passing through the Illinois community of Deerfield on CP’s trackage in northern Illinois. (image © 7/2015 by Nikki Burgess; used with permission)

In continued litigation tied to the horrendous oil train derailment and subsequent fatal explosions and fires in Lac Megantic, Quebec in 2013, Class One railway Canadian Pacific (CP) announced that it would continue to seek protection from liability and ask for voiding court action in reference to the $432 million dollar (Canadian) settlement recently agreed to by other parties to the litigation.  About twenty-five other companies allegedly tied in one way or another to the accident have agreed to the terms of that settlement, recently set out in a Quebec Superior Court.  However, CP continues to contend and not without merit in this author’s opinion that since it simply delivered the intact train to the Montreal, Maine, and & Atlantic Railroad (the American regional railroad on which the accident occurred and which has since declared bankruptcy and ceased operations) and that none of its locomotives, crews, track, or railcars were involved in the subsequent accident, that it should bear no liability. CP contends that it has been sued simply because plaintiff attorneys view it as having “deep pockets” and that due to the horrific nature of the accident, that any jury deciding on liability for and awards in the case would be likely to view it with suspicion despite its lack of involvement.  CP wants the case transferred to a Canadian federal court, while the Quebec government continues to contend that it properly has jurisdiction.  Quebec judge Gaetan Dumas rejected CP’s argument, leaving an appeal as the next step.  CP spokespeople had no immediate comment on the ruling, but indicated that the railway would continue legal action to defend itself.  The above noted settlement, if not voided per CP’s request, would leave the company as the sole defendant in the case.

Here is a link to local media coverage of the action:

http://globalnews.ca/news/2107803/judge-rejects-canadian-pacifics-challenge-of-lac-megantic-lawsuit/

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