Lytton BC has filed a lawsuit against a number of organizations. As climate change continues its relentless assault on our planet, the quiet Canadian town of Lytton BC is going to court to fight for accountability and compensation. 

Imagine a world where the legal battles that once revolved around car crash lawsuits have shifted to litigations over roaring wildfires devouring vast remote landscapes in Ontario, Quebec, and New Brunswick. 

Believe me, this is our inevitable future. But who is legally responsible for wildfires?

Claiming negligence against railways

Lytton BC and its residents have geared up for a long legal battle, claiming negligence against railways and several government agencies.

The town has alleged that both national railways and Transport Canada recklessly allowed trains to go through Lytton BC during the heat dome of 2021 and that this was the cause of the wildfire that burned down the town.

With the two-year milestone of the deadly fire looming ominously, the town is demanding compensation for the irrevocable harm inflicted upon their lives and livelihoods.

They seek funding to rebuild everything from roads, sewage systems, residences, businesses, city hall, public amenities, and vehicles, to even replacing scorched park benches and plants.

While the lawsuit remains silent on the precise sum sought, as they are requesting an amount to be determined by the judge/jury at a later date, the Insurance Bureau of Canada offers a sobering glimpse into the magnitude of the disaster, estimating a whopping $102 million in damages.

Reconstruction expenses

The plaintiffs, all 119 of them, are a mix of property owners, co-owners, and couples who’ve tragically lost their family homes. The lawsuit also somberly includes the estates of two deceased individuals.

The losses are extensive, ranging from real estate, housing, business income, and rental income, to emergency repair costs, reconstruction expenses, vehicle losses, and the inestimable disruption and suffering from the annihilation of homes and businesses.

The formidable roster of defendants includes household names like CN and CP, Transport Canada, the attorneys general of Canada and B.C., the B.C. Forests Ministry, and seven unnamed companies involved in railway construction or operation.

Mirroring the previous lawsuit by the Municipal Insurance Association of B.C., this suit attributes the fiery hell that almost razed Lytton BC to the sparks and embers from the trains.

It decries negligence for allowing combustible materials to litter the track surroundings, inadequate firefighting capabilities, and the irresponsibility of running trains in conditions marked by severe drought and sizzling temperatures.

Lytton BC Files Lawsuit

While the defendants haven’t yet responded and no allegations have been officially proved in court, these legal proceedings foreshadow an alarming trend.

A second lawsuit by Lytton BC alleges insufficient compensation from the Municipal Insurance Association of B.C., adding another layer to this convoluted legal case. The association earlier blamed the railways and Transport Canada for the wildfire that decimated the town and charred its surrounds.

Despite a Transportation Safety Board investigation finding no link between the railway operations and the Lytton wildfire, the unfolding drama underscores that this case is far from over.

As we grapple with the horrendous impact of the 2021 heat dome, it becomes painfully clear that in this era of climate change, courtrooms will reverberate more and more with cases of wildfires rather than car crashes. 

Welcome to our new reality, Canada.