Lemon Creek Fuel Spill Class Action
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.
By Order if April 5, 2019, the British Columbia Court of Appeal remitted the certification back to Justice Masuhara in accordance with the Court of Appeal’s reasons.
Leave to Appeal was refused by the Supreme Court of Canada and the action (including the matter of certification) remains before Justice Masuhara.
Links:
- BCCA Order 05 Sept 2019
- Judge Masuhara, re Kirk v. Executive Flight Centre Fuel Services Ltd., 10-11
For more information please contact:
Arsenault Aaron Lawyers
302 – 543 Granville Street
Vancouver, B.C. V6C 1X8
info@arsenaultaaron.com
Tel: 604.669.4447 Fax: 604.669.4737