Village of Lytton, B.C., files lawsuit against Transport Canada, railways for 2021 fire | CBC News

The Village of Lytton and the local regional district have filed a lawsuit against CN Rail, CP Rail and Transport Canada, accusing them of being negligent in the lead-up to the 2021 fire that destroyed the village.

In a civil suit filed in B.C. Supreme Court on June 16, the village and the Thompson-Nicola Regional District say the rail companies and the federal regulator breached their duty of care to the Fraser Canyon village just before the fire on June 30, 2021.

Hundreds of people living in and around the village had to leave that day in the community 260 kilometres northeast of Vancouver, and two people died. More than 90 per cent of the village was charred.

While the devastating fire was suspected to have been caused by humans, the Transportation Safety Board (TSB) did not find evidence linking nearby train activity to the fire.

However, with rebuilding progress slow even two years later, the village and the regional district are seeking costs and damages from the rail companies and Transport Canada. The costs to rebuild the village have ballooned over a hundred million dollars.

“On June 30, 2021, despite the extreme weather conditions, current wildfire risk and the ongoing wildfires in the area, both CP Rail and CN Rail continued railway operations in the area of the village,” reads the lawsuit.

The lawsuit states that a train travelled through the village 18 minutes before the fire sparked at 4:48 p.m. on June 30. 

CP either owned or operated the train, which was operated by CN crews, according to the lawsuit. The TSB had previously found the fire started “within five feet” of the railway track, which runs right through the community.

The lawsuit alleges that, among other things, the train companies did not monitor the weather conditions — with a historic heat wave causing an “extreme” fire risk — and failed to ensure that appropriate fire prevention safeguards were in place.

It also contends that Transport Canada failed the village by not ordering CP and CN to stop the trains on that day, and that they ought to have known it was unsafe to operate.

None of the allegations have been proven in court. 

CBC News has reached out to the defendants for comment. They have up to 21 days to file a statement of defence.

A CP Rail spokesperson said they would not comment when reached by CBC News.

Cause still unclear

The cause of the 2021 Lytton fire has not been conclusively determined two years later.

Locals alleged sparks flying from the nearby railway likely ignited bone-dry terrain, made prone to fire by the extreme heat wave that week.

A proposed class-action lawsuit against CP and CN from village residents remains before the B.C. Supreme Court as of publication time.

While the village and regional district did not list exact dollar figures as they seek damages from the three defendants, the Insurance Bureau of Canada says the damages likely total up to $102 million.