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
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Demonstrators kicked out of Ontario legislature for disruption after failed keffiyeh vote
A group of demonstrators were kicked out of the legislature after a second NDP motion calling for unanimous consent to reverse a ban on the keffiyeh failed to pass.
BREAKING Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Prince William and wife Kate thank public for birthday messages for son Louis
Prince William and his wife Kate thanked the public for their messages which had been sent to mark the sixth birthday of their youngest son Louis on Tuesday.
She was the closest she'd ever been to meeting her biological father. Then life dealt her a blow
Anne Marie Cavner was the closest she'd ever been to meeting her biological father, but then life dealt her a blow. From an unexpected loss to a host of new relationships, a DNA test changed her life, and she doesn't regret a thing.
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Fire engulfs old Edmonton municipal airport hangar
A historical hangar at the former Edmonton municipal airport beside the NAIT main campus was on fire Monday night.
Soft skills, preparation can help new graduates land jobs, experts say
As new graduates enter the workforce over the next few weeks, they are likely to face challenges getting their foot in the door and must be prepared to effectively communicate what they bring to the company.