Former Lytton residents hope to advance class action lawsuit over 2021 wildfire

Two Lytton residents who lost their homes in the deadly 2021 Lytton Creek Wildfire are hoping to push forward a class action lawsuit against CN and CP Rail, the federal government, and other businesses for damages from the fire.

Christopher O’Connor and Jordan Spinks launched the lawsuit in October 2021, alleging that the railways, the federal government and several businesses related to railway operations were negligent for continuing to run trains despite record-setting heat in Lytton shortly before the fire broke out.

The claims were made before a Transportation Safety Board investigation found “no evidence” that railway operations contributed to the fire.

In the original notice of civil claim filed to the BC Supreme Court, O’Connor says he lost his home and everything in it. After the fire, he went to live in temporary accommodations.

Spinks, who is a member of Kanaka Bar Indian Band within the Lytton First Nation says he still hasn’t been able to return home and lost his job as a care aide at an assisted-living facility that was damaged.

All of the parties named in the lawsuit have denied any liability for the fire. None of the allegations have been proven in court.

If the class action is certified, it would allow the lawsuit to move ahead on behalf of any Lytton resident who was displaced by the fire, who suffered personal injury, property loss, loss of business income, or interruption of their business as a result of the fire. The suit is also seeking punitive damages and health care costs.

Certification hearings are taking place at the Vancouver Law Courts this week.

BC Supreme Court Chief Justice Christopher Hinkson is hearing the case.

A decision is expected on Friday, Feb. 10.