Residents of a rural Kootenay valley affected by a fuel spill that dumped 35,000 litres of jet fuel into a creek have launched a class-action lawsuit against the company transporting the fuel and the Province of British Columbia.
On July 26, a tanker carrying jet fuel through the Slocan Valley overturned and spilled its load into Lemon Creek, a waterway that feeds into the Slocan and Kootenay rivers.
The spill prompted the evacuation of 600 residents, who were allowed to return to their homes on July 27. Water use restrictions are still in place.
The class action, which was brought forward by Slocan Valley resident Robert Kirk, names Calgary-based Executive Flight Centre and the Province of British Columbia as defendants. At the time of the crash, Executive Flight Centre was transporting the fuel to fight a forest fire in the area, states the claim.
The lawsuit alleges that the driver of the tanker had made a wrong turn onto a forestry service road and was trying to turn around when the accident happened. The plaintiffs claim that both defendants should have:
- provided better signage, maps and directions and equipped drivers with communication devices;
- arranged for a pilot vehicle to guide the large rig; and
- used a series of smaller, more manoeuverable vehicles to transport the fuel.
The claim also states that the 22-year-old driver of the truck, who was allegedly not familiar with the area, should have called for help instead of attempting to make the turn.
The defendants are seeking general damages for property damage and lowered property values.
The class action applies to property owners within a specific area affected by the fuel spill.
None of the allegations has been proven in court.
A statement of defence has not yet been filed.
