Canadian Pacific Railway (CP) has no legal liability in the July 6, 2013 tragedy in Lac-Mégantic, a judge ruled on Wednesday, dismissing the class action authorized in 2018 against the company.
The decision of the judge of the Superior Court of Quebec, Martin Bureau, thus puts an end to years of legal proceedings by victims of the tragedy, insurance companies and the Attorney General of Quebec, whose actions had been grouped together.
The actions alleged against the CP “whether they are at fault or not, is not the direct, immediate and logical cause of the damage suffered by all the victims”, ruled the magistrate after seven months of hearing, at the Sherbrooke courthouse, according to what several media reported.
According to him, the responsibility for the drama lies rather with Thomas Harding and the company that employed him, the Montreal Maine & Atlantic Canada Company (MMA), which is now bankrupt.
The role of big business
Judge Bureau specified that “railway companies have no obligation or role with respect to verification, supervision or intervention in the railway operations of other companies with which they have interconnection operations. »
“The court considers […] that it is not up to large companies to ensure that smaller companies, with which they have the necessary interconnections to ensure efficient rail transport, comply with safety standards and implement […] processes required by industry standards and legislation. »
Recall that the CP had refused to contribute to the compensation fund for the victims of the tragedy of more than 400 million dollars, since the company considered that it had no responsibility, a reading confirmed by the judgment published Wednesday.
“The Court can on the other hand conclude that if faults exist with regard to the supervision of the activities of MMA, they are found not at CP, but rather at Transport Canada”, can we read in the judgment.
130 witnesses
Plaintiffs have 30 days to appeal the judgment. The option is being assessed by the various lawyers on file, according to the daily La Tribune. Judge Martin Bureau had therefore taken the decision under advisement last June after the last pleadings of the lawyers.
No less than 130 witnesses from the four corners of North America and 15 experts had marched before him in the seven months of the trial and 1,500 pieces of evidence were also presented.
With The Tribune