Class action lawsuit for huge 2013 fuel spill into Kootenay creek settled for $4.5M

A settlement has been reached in a classaction lawsuitfor damages caused by a massive 2013 fuel spill in the West Kootenay'sSlocan Valley.

An agreement signed by the lawsuit parties was filed in B.C. Supreme Court, with four defendants paying more than$4.5 million into a fund that couldbe divided among some 2,700 affected residents.

"You have to understand this was litigated for 11 years," saidDavid Rosenberg, class counsel for the lawsuit's representative plaintiffs,Robert Kirk and James Ross.

"They're very pleased with the settlement. They've been following the litigationall along, and they know how hard-fought it was."

The agreement must still be approved by a judge in B.C. Supreme Court on January 15, 2025.

A settlement is not an admission of wrongdoing.

Fuel spill forcedmass evacuation

In July 2013, a tanker truck carrying 35,000 litresof fuel for helicopters fighting a forest fire overturned into Lemon Creek, about 10 kilometres south of Slocan, B.C.

Some 2,500 people were told to evacuate their homesover potential health and safety concerns, especially around hazardous fumes from the jet fuel.

Lemon Creek jet fuel spill

11 years ago

Duration 2:57

Officials have lifted the evacuation order after a tanker truck tipped spilled jet fuel into Lemon Creek.

A widespread "do not drink" water order was imposed. Some residents reported fish were killed.

Rosenberg says the damages were well documented:"The river was contaminated ... and people had personal injuries like rashes and burning eyes and claimedtheir drinking water was poisoned."

The province spent more than $4 million to clean up Lemon Creek and the downstream watershed.

Court ruled spill created 'environmental disaster'

In 2016, the federal government filed eight criminalcharges against thetruck driver, fuel company, and provincial government undertheFisheries Actand theEnvironmental Management Act. All were named class action defendants.

The court heardthe truck driver, Danny Lasante,had turned onto a wrong, closedforestry road and failed to navigate a narrow turn when his truck slidinto the creek.

"Had Mr. Lasante taken even a little more care, the spill might not have occurred," provincial court Judge Lisa Mrozinskiwrote in her judgment, rulingLasante's actions had led to an "environmental disaster," even if it was unintentional.

Hewas later convictedon one count under the Environmental Management Actand handed a $20,000 fine.

Calgary-based Executive Flight Centre Fuel Services Ltd, the trucking company that employed Lasante,pleaded guiltyto one count of a deleterious deposit into waters frequented by fishunder the Fisheries Act. and was fined $175,000.

The Province of B.C. was acquitted of all charges related to the spill.

Class action agreementsetsprecedent.

Two separate class action lawsuits were filed in response to the disaster, one by Lemon Creek residentRobert Kirk for environmental damage and a second by James Ross for personal injury. The filings were later combined into a single class action lawsuit.

Rosenberg saysagreements of this nature are rare and set a precedent for personal injury claims.

RAW: 'Children had burns on them'

11 years ago

Duration 2:09

MLA Katrine Conroy on how Lemon Creek spill affected families

"The history of environmental class actions in Canada... have not been very successful in compensating those victims of environmental disasters. As far as I know, there has never been a case in Canada where bodily injury damages in an environmental class action have been awarded. So this will be first and precedent-setting."

A total of 2,776 property owners within the evacuation zoneand anyone who carried on a business within that zone were cited as class action members.

The amount of money disbursed will depend on the damageclaimed by individuals.

After the agreement is approved by the court, there is a six-month timeline to set up a process for notification and registration before any compensation ishanded out.