UPDATE: We are pleased to announce that the Lemon Creek fuel spill class action has been certified as a class proceeding by the British Columbia Supreme Court. The reasons for judgment granting the certification application can be downloaded here.
For press coverage of the certification decision, please visit RK Litigation News.
Proposed Class Actions
RK Litigation has initiated two proposed class actions with respect to the July 26, 2013 spill of over 35,000 litres of jet fuel into Lemon Creek in the Slocan Valley region of British Columbia (the “Fuel Spill”). We will seek to certify these actions as class actions and we intend to represent individuals who have suffered either (1) property damage or (2) personal injury as a result of the Fuel Spill.
Property Damage Class Action
The intended class action for harm suffered due to property damage has been brought in the Supreme Court of British Columbia by Robert George Kirk against a number of parties said to have been responsible for the Fuel Spill. Mr. Kirk claims damages for loss and use of enjoyment of property, diminution in property value, evacuation costs, and other damages. We intend to apply on behalf of Mr. Kirk to have the claim certified as a class action and to include as members of the class “all persons who owned or occupied real property within the Evacuation Zone on July 26, 2013.”
NB: As above, this action has now been certified as a class proceeding by the British Columbia Supreme Court.
Personal Injury Class Action
In a separate action commenced in the Supreme Court of British Columbia by James Andrew Ross, a claim has been filed for personal injuries suffered as a result of the Fuel Spill. In this action, Mr. Ross seeks to represent “all British Columbia residents who were present in the Evacuation Area at or after the time of the Fuel Spill and suffered personal injury where those personal injuries are claimed to have been associated with the Fuel Spill”.
Suspended Limitation Period
Section 39 of the Class Proceedings Act suspends limitation periods for intended class actions. If you fit within the class description of either the intended Property Damage Class Action or intended Personal Injury Class Action, your deadline for filing a claim has been suspended and will not expire on July 26, 2015, despite what you may have been advised by ClaimsPro.
If you are a resident of British Columbia, there is no need to take any action at present to become part of these intended class actions. If you are within the class description, you will automatically be included in the class. If the action is certified as a class action by the Court, we will take action to notify all class members of their rights.
If you would like to review the Notice of Civil Claim in either action, they may be accessed as follows:
If you have any questions, please contact us at [email protected].
Appendix: Evacuation Zone
The Evacuation Zone included 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.
The Evacuation Zone is shaded in red in the following map:
- Lemon Creek Fuel Spill Class Action
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Rosenberg Kosakoski LLP
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