This environmental class action concerns the July, 2013 spill of 35,000 litres of toxic jet fuel into the Slocan River water system in southeastern British Columbia. This environmental disaster, which occurred when a tanker truck overturned during an aircraft refuelling operation, led to the emergency evacuation of thousands of residents in the Slocan Valley and caused hundreds of millions of dollars of damage to both private property and the ecosystem.
The action is brought on behalf of the more than 2,500 residents who were forced to evacuate their homes after the spill. The defendants are the Province of British Columbia, Executive Flight Centre Fuel Services, and Transwest Helicopters.
On May 3, 2017, this action was certified as a class proceeding by Justice Masuhara of the British Columbia Supreme Court. This historic decision marks the first time that an environmental class action has been certified in British Columbia.
On May 3, 2017, this action was certified as a class proceeding by the British Columbia Supreme Court.
On October 24, 2017, Mr. Justice Masuhara approved class counsel’s schedule for the remainder of this action. An eight-week common issues trial is scheduled to commence in January, 2019.
There has been extensive coverage of this action by the national media. A sample of the reporting includes:
Media inquiries and interview requests may be sent to [email protected]
Reasons for Judgment
If you are a resident of British Columbia, and fit within the class description, there is no need to take action at present to participate in this action.
The class is defined as “all persons who owned, leased, rented, or occupied real property on July 26, 2013 within the Evacuation Zone”.
The Evacuation Zone includes the following areas:
- An area within a three kilometer radius of the spill site; and
- An area of three kilometers on either side of the affected waterways, from an upstream point of the spill site to a downstream point of the confluence of the Slocan and Kootenay Rivers.
- Defendants Apply for Stay of Proceedings in Lemon Creek Criminal Trial
- Fuel Spill: B.C. Supreme Court Approves Lemon Creek Class Action Against Province
- Lemon Creek Evacuee Statements Due October 2, 2017
- Lemon Creek Fuel Spill Class Action Evacuee Statement Available for Download
- National Media Covers Lemon Creek Fuel Spill Class Action
Rosenberg Kosakoski LLP
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Vancouver, British Columbia