VANCOUVER, B.C. – A British Columbia Supreme Court judge has certified a class-action lawsuit against Canadian National (CN) and Canadian Pacific (CP), now CPKC, over the 2021 wildfire that destroyed the community of Lytton, B.C. The ruling is a significant victory for residents who have waited years for accountability.
The December 2 ruling by Justice Ward Branch noted there is “some basis in fact” to support the plaintiffs’ allegation that railroad operations caused the fire that killed two people and consumed more than 800 square kilometers on June 30, 2021. The fire broke out after the region recorded a Canadian record temperature of 49.6 degrees Celsius the day before.
The certification marks a major step toward allowing affected residents and property owners—including the Kanaka Bar Indian Band member and representative plaintiff, Jordan Spinks—to pursue compensation in one unified proceeding.
The Path to Trial and New Evidence
The judge’s decision allows the case to move forward despite official investigations, including one by the Transportation Safety Board of Canada (TSB), that did not find evidence linking railway operations to the fire. Justice Branch emphasized that certification does not require a final assessment of evidence.
The ruling means lawyers for the plaintiffs will now have critical access to documents from CN and CP regarding events on the day of the fire, opening up the discovery process. The case is slated to go to trial in May 2027.
The plaintiff’s case was bolstered by evidence suggesting rail officials may have known of potential issues. Court documents summarized evidence showing that a CP-owned freight train, operating on CN tracks shortly before the fire, had its wheel bearings flagged for elevated temperatures by heat sensors before the train reached Kamloops.
Railroad Disappointed, Vows to Fight
In a statement following the ruling, CN spokeswoman Ashley Michnowski expressed disappointment and said the railroad is considering its options.
Michnowski stressed that the court is not required to fully assess the evidence for certification, stating, “Multiple expert agencies have considered the evidence and found no connection between the fire and railway operations. We are confident that, at trial, the Court will be able to consider all the factual elements already reviewed by these agencies to come to the same conclusion.”
For Lytton residents, the certification provides a sense of acknowledgement. Tricia Thorpe, a Thompson-Nicola Regional District director who lost her home in the fire, said the certification was good news because it made residents feel like someone was finally listening to their concerns after years of slow progress and a “feeling of abandonment.”
