Tanker

Class action and civil suits filed over Lemon Creek fuel spill

Fuel distributor and provincial government targeted in legal action

Legal action has been instigated by a man who owns property close to the site of a July 26 spill of jet fuel.

A document has been released outlining the terms of a class action suit which has been filed against the “Province of British Columbia and the corporate entities operating as Executive Flight Centre (‘the Action’).”

Slocan Valley resident Robert Kirk has brought the action on his own behalf as well as owners of property within the so-called evacuation zone – “an area of three kilometers on either side of Lemon Creek and the Slocan River; from the junction of highways 3A & 6 at South Slocan to three kilometers north of Lemon Creek.

Negligence and nuisance on the part of the Defendants are alleged by the action.

“They set up an ad hoc fuel depot in an environmentally sensitive area without taking due care,” states Robert Kirk in relation to the action. “They could have easily avoided the spill had they taken any one of various safety measures: a sign, map, a VHF radio or a flag person by the side of the road.”

“The Slocan River is a dead zone,” Kirk adds. “The wildlife are gone. Ducks, herons and deer have been pulled out dead from the river. The shorelines and wetlands that were once nesting grounds are now scattered with fish carcasses.”

Also alleged in the suit is incompetence on the part of the provincial government by using fuel contaminated water in the the suppression of the Perry Ridge forest fire “thereby further exacerbating the harm.”

A notice of civil claim has also been served by Robert Kirk against the above-mentioned defendants.

Just Posted

UPDATE: Accident closes Hwy 22 near Castlegar

Highway not expected to reopen until Sunday.

Forestry workers set to begin job action in Kootenays

Operations in Castlegar, Cranbrook, Galloway, Elko, Radium, Golden may see job action this week.

Castlegar pastors find life in wheelchair a challenge

The men found the obstacles were both physical and mental.

Columbia Avenue paving scheduled for weekend

Paving on Castlegar’s main thoroughfare will take place in a few days, weather permitting.

Tour company plans shuttle service to Kelowna for stranded travellers

SMT Kootenay wants to help travellers get in and out of ‘Cancelgar’ in winter months

Josie Hotel will be ready on opening day, says management

West Kootenay’s first ski-in, ski-out boutique hotel to open this month

Death toll rises to 76 in California fire with winds ahead

Nearly 1,300 people remain unaccounted for more than a week after the fire began

Trump says report on Khashoggi death expected in a few days

Jamal Khashoggi was a columnist for The Washington Post who was slain Oct. 2 inside the Saudi Consulate in Istanbul

CUPW requests mediator as deadline for Canada Post offer expires without deal

Prime Minister Justin Trudeau weighed in Saturday night with a last-minute plea to the two sides

Trudeau says he won’t negotiate in public on future of LGBTQ rights in USMCA

Legislators urged Trump not to sign the agreement unless the language was removed.

Price makes 36 saves as Habs edge Canucks 3-2

Late goal lifts Montreal past Vancouver

BC Minister of Agriculture loses stepson to accidental overdose

Lana Popham announces death of her 23-year-old stepson, Dan Sealey

Canadian military’s template for perfect recruits outdated: Vance

Gen. Jonathan Vance, the chief of defence staff says that the military has to change because the very nature of warfare is changing, particularly when it comes to cyber-warfare

‘Toxic’ chosen as the Word of the Year by Oxford Dictionaries

Other top contenders for 2018 include ‘gaslighting’ and ‘techlash’

Most Read