• Lemon Creek Fuel Spill Class Action
  • October 6, 2017
  • Proposed Class Actions

    RK Litigation has initiated two proposed class actions with respect to the July 26, 2013 spill of over 35,000 litres of jet fuel into Lemon Creek in the Slocan Valley region of British Columbia (the “Fuel Spill”). We will seek to certify these actions as class actions and we intend to represent individuals who have suffered either (1) property damage or (2) personal injury as a result of the Fuel Spill.

    Property Damage Class Action

    The intended class action for harm suffered due to property damage has been brought in the Supreme Court of British Columbia by Robert George Kirk against a number of parties said to have been responsible for the Fuel Spill. Mr. Kirk claims damages for loss and use of enjoyment of property, diminution in property value, evacuation costs, and other damages. We intend to apply on behalf of Mr. Kirk to have the claim certified as a class action and to include as members of the class “all persons who owned or occupied real property within the Evacuation Zone on July 26, 2013.”

    NB: As above, this action has now been certified as a class proceeding by the British Columbia Supreme Court.

    Personal Injury Class Action

    In a separate action commenced in the Supreme Court of British Columbia by James Andrew Ross, a claim has been filed for personal injuries suffered as a result of the Fuel Spill. In this action, Mr. Ross seeks to represent “all British Columbia residents who were present in the Evacuation Area at or after the time of the Fuel Spill and suffered personal injury where those personal injuries are claimed to have been associated with the Fuel Spill”.

    Suspended Limitation Period

    Section 39 of the Class Proceedings Act suspends limitation periods for intended class actions. If you fit within the class description of either the intended Property Damage Class Action or intended Personal Injury Class Action, your deadline for filing a claim has been suspended and will not expire on July 26, 2015, despite what you may have been advised by ClaimsPro.

    Next Steps

    If you are a resident of British Columbia, there is no need to take any action at present to become part of these intended class actions. If you are within the class description, you will automatically be included in the class. If the action is certified as a class action by the Court, we will take action to notify all class members of their rights.

    If you would like to review the Notice of Civil Claim in either action, they may be accessed as follows:

    1. Property Damage: Notice of Civil Claim
    2. Personal Injury: Notice of Civil Claim