Lac Megantic class action against CP begins; could last seven months, revealing new answers
Jean Clusiault is having to re-live the horrific train disaster at Lac Mégantic, but he says it's necessary -- he's part of a new class-action lawsuit looking to hold Canadian Pacific railway accountable.
The class action got underway this week and could last up to seven months, with the judge expected to hear from more than 100 witnesses, bringing a new set of answers into what happened in the 2013 catastrophe.
Clusiault's daughter, Kathy Clusiault, was among the 47 people killed. She had just moved to the area.
Her father is still looking for answers, he says, and the next seven months should deliver some of them.
"It makes now eight years that tragedy happens, but for me, I still have my daughter in my mind," he said.
The class action is based on the allegation that CP was ultimately responsible, since it contracted out to a smaller and less reliable railway.
In 2013, a runaway train carrying highly flammable crude oil levelled the town. The class action alleges that CP's decision to run the fuel through Lac Mégantic wasn't necessary and was motivated by profit.
The allegations in the class action have not been tested or proven in court.
To carry crude from Montreal, the company had other options, said the lawyer representing Clusiault and others in the proposed class action.
"CP carried the crude oil from North Dakota to Montreal," said lawyer Daniel Larochelle.
It was then responsible for the next decision, too, about how to get it to New Brunswick, picking the Montreal Main Atlantic railway.
"They decide to choose [an] old company with old railway with old engine -- MMA, Montreal Main and Atlantic -- and we think that’s big fault for CP," Larochelle said.
Lawyers are representing not just families but insurers and the province in the lawsuit.
The train’s engineer, Tom Harding, was the first witness called. He recounted the night of the disaster.
While acquitted of criminal negligence in a previous trial, he testified once again about how he did not apply sufficient handbrakes when he parked the train.
Clusiault says he's accepted how this part happened.
"I don’t blame him," he said. "It was a poor company -- that’s the reason why."
The federal Transportation Safety Board identified 18 causes for the accident, including poor maintenance and lack of oversight.
The class action should help, but it also won't fully put Clusiault's mind at ease, he said.
"We will have new elements in this trial to have more answers to our questions, but I [am] still thinking and asking for a public commission and inquiry, that’s it," he said.
CTV News reached out to the federal transport minister to see if an inquiry is under consideration but did not receive a response.
CTVNews.ca Top Stories
'A step forward': New screening criteria for sperm donors takes effect
Canadians looking to grow their families with the assistance of sperm or egg donations should soon have more options for donors as the federal health agency does away with longstanding restrictions criticized as discriminatory.
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.
Ontario Provincial Police arrest 64 suspects in child sexual exploitation investigation
Ontario Provincial Police say 64 suspects are facing a combined 348 charges in connection with a series of child sexual exploitation investigations that spanned the province.
'Summer of discontent': Federal unions vow to fight new 3-day a week office mandate
Federal unions are launching legal challenges and encouraging public sector workers to file "tens of thousands" of grievances over the new mandate requiring federal workers to return to the office at least three days a week in the fall.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Watch fighter jet pilots pummel fake enemy ship off coast of Philippines
The United States and Philippines held annual joint-training drills just off the Southeast Asian nation’s western coast on Wednesday. Military forces sunk a 'mock' enemy warship – the BRP Lake Caliraya, which was a decommissioned tanker made in China.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his head more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
'Ozempic babies': Reports of surprise pregnancies raise new questions about weight loss drugs
Numerous women have shared stories of 'Ozempic babies' on social media. But the joy some experience in discovering pregnancies may come with anxiety about the unknowns.
Rookie goalie Arturs Silovs to start for Canucks in Game 1 vs. Oilers
Rookie goalie Arturs Silovs will start in net for the Canucks as Vancouver kicks off a second-round series against the Edmonton Oilers Wednesday night.