Two Ontario law firms intend to launch a $10-million class action lawsuit against VIA and CN Rail following the Feb. 26, 2012 derailment of a passenger train near Burlington, Ontario.
The law firms of Sutts, Strosberg LLP and Falconer Charney LLP intend to commence a class action seeking compensation for physical and emotional injury, damage to property and loss of income.
An online statement from The Charney Practice Group says passengers may be entitled to compensation for physical and emotional injuries, loss of income, medical expenses, and/or out-of-pocket expenses. It added that family members might be entitled to compensation as well.
At approximately 3:30 pm on Feb. 26, VIA Rail Canada train number 92 was travelling from Niagara Falls to Toronto with 75 passengers and five crew members on board when the six-car train derailed, a VIA release says.
“There were numerous injuries to passengers and three fatalities, all VIA crew members who were in the locomotive at the time of the accident,” the release says.
Three passengers were airlifted to hospital with serious injuries, including a broken back, a broken leg and a heart attack. Forty-two other passengers and one crew member were taken to local hospitals. All but nine of the hospitalized had been released within 24 hours.
As of press time, the cause of the derailment has yet to be determined.