Lot holding some of the vehicles written off from acid spills, August 2018. (Sheri Regnier/Trail Times)

Lot holding some of the vehicles written off from acid spills, August 2018. (Sheri Regnier/Trail Times)

Court action in Trail acid spills may take years

B.C. court case involves a number of defendants and a number of plaintiffs

With more than one plaintiff trying to recoup huge financial losses from a number of litigants linked to the Trail acid spills – an actual court date is likely years away.

Previous: One year later after acid spills, claims still trickling in

Previous: Timeline on Trail acid spills

One of the major players hit with extraordinary damages is, of course, ICBC.

The B.C. insurer confirmed there is no trial date set. Further, the corporation could not even provide a timeline of when the case will roll before a judge in the B.C. Supreme Court.

“ICBC commenced a legal action against a number of defendants, and a number of other insurers have commenced legal actions against those defendants as well,” ICBC spokesperson Lindsay Wilkins told the Trail Times.

‘These actions will likely be heard together,” she said.

“With so many parties involved, it’s not possible for us to provide a timeline estimation.”

Approximately 4,700 claims related to the Trail acid spills have been filed with ICBC to date.

Ten per cent of claims were written off, meaning roughly 470 vehicles were junked after an ICBC inspection deemed them unsafe due to sulphuric acid contamination.

Wilkins said ICBC has retained the vehicles “in order for the defendants to have the ability to inspect them.”

Family Insurance is another company greatly impacted by the spills.

Graham Doerr, chief operating officer, confirmed they received more than 600 claims and wrote off approximately 200 vehicles – or one in three – due to sulphuric acid contamination.

“This was a significant event for our business,” he said.

Doerr also stated that the written-off vehicles were being held in storage, and that the management of this file lies with the company’s National Claims Team.

The Trail Times contacted Doerr, who is Vancouver-based, for an update on legal proceedings.

A reply was not available by press time.

ICBC filed and served a Notice of Civil Claim to multiple “negligent parties” in October 2018.

Collectively identified as “Corporate Defendants” are three companies and two individuals.

Those are Westcan Bulk Transport, the carrier at the time of the incidents plus two of their commercial truck drivers, as well as International Raw Materials (IRM), and “Teck.”

IRM is the American company that buys sulphuric acid, a by-product resulting from smelting at Teck Trail Operations, and ships it out of the region via highway or railway.

The City of Trail and the Regional District of Kootenay Boundary, collectively named as the “Municipal Defendants,” are also included in the lawsuit.

As well, the Ministry of Transportation and Infrastructure and Ministry of Environment, are named and identified as “Crown Defendants.”

The Times previously contacted the regional district, City of Trail, Teck and IRM for comment regarding the lawsuit. With legal proceedings underway, all four defendants declined to comment.

The two reported acid spills occurred in the spring of 2018.

According to a joint statement from IRM and Teck, approximately 220 litres of sulphuric acid was spilled between 8 a.m. and 9:30 a.m. on April 10, and 70 litres the evening of May 23.

In both cases, the companies have reported that road contamination started at the Rossland Avenue intersection, or the junction of Highway 3B and Highway 22. The first spill reportedly stretched 16-kilometres (km) through Trail and out to the train offload site in Waneta. The May spill is reported to have extended six km, ending near Glenmerry.

In the past year, sulphuric acid transportation operations from Teck Trail have changed.

A new company, Trimac Transportation, has been contracted to carry the caustic fluid from the Trail smelter to railcars in Waneta. Additionally, IRM reports four designated trailers, specifically designed for Trail operations, are being used.

“IRM is directly operating the Waneta-based transload station,” IRM spokesperson Carrie Gaines said. “We have hired local operators and positioned managers at the site to oversee day-to-day business.”



newsroom@trailtimes.ca

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Cara Webb photo)
Cara Webb’s dog, Millie, who bolted during New Year’s Eve fireworks and was missing for almost a week. She was eventually found by Webb’s neighbour.
Good News, Kitimat!

Bringing some local good news to your week

Kitimat’s Gordon Wilson, who recently won $150,000 on a scratch & win ticket he bought at City Centre Mall. (BCLC photo)
Kitimat man wins $150,000 on scratch & win ticket

Gordon Wilson bought the ticket at City Centre Mall

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

Crews with Discovery Channel film as an Aggressive Towing driver moves a Grumman S2F Tracker aircraft around a 90-degree turn from its compound and onto the road on Saturday, Jan. 23, 2021. It was the “most difficult” part of the move for the airplane, one organizer said. (Jenna Hauck/ Chilliwack Progress)
VIDEO: Vintage military plane gets towed from Chilliwack to Greater Victoria

Grumman CP-121 Tracker’s eventual home the British Columbia Aviation Museum on Vancouver Island

Rolling seven-day average of cases by B.C. health authority to Jan. 21. Fraser Health in purple, Vancouver Coastal red, Interior Health orange, Northern Health green and Vancouver Island blue. (B.C. Centre for Disease Control)
2nd COVID vaccine doses on hold as B.C. delivery delayed again

New COVID-19 cases slowing in Fraser Health region

Provincial health officer Dr. Bonnie Henry talk about the next steps in B.C.’s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. Two more cases of the COVID-19 strain first identified in South Africa have been diagnosed in British Columbia, bringing the total to three as of Jan. 16.THE CANADIAN PRESS/Chad Hipolito
B.C. now has three cases of South African COVID-19 variant, six of U.K. strain

Both variants are thought to spread faster than earlier strains

Rodney and Ekaterina Baker in an undated photo from social media. The couple has been ticketed and charged under the Yukon’s <em>Civil Emergency Measures Act</em> for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
Great Canadian Gaming CEO resigns after being accused of sneaking into Yukon for vaccine

Rod Baker and Ekaterina Baker were charged with two CEMA violations each

Police discovered a makeshift nightclub in a Vancouver apartment on Jan. 23, 2021, and say it wasn’t the first time this month officers have been called to the unit over social gathering concerns. (Phil McLachlan - Capital News)
Doorman of makeshift ‘booze-can’ in Vancouver apartment fined; police look to court order

This marks the fourth complaint about social gatherings inside the apartment in January

A Kelowna couple welcomed their Nooner baby in December. (Flytographer)
Kelowna couple welcomes baby girl from Hotel Zed Nooner campaign

Nicole and Alex will now have 18 years of free stays at the hotel

Kyrell Sopotyk was drafted by the Kamloops Blazers in 2016 and played two seasons with the Western Hockey League club. (Photograph By ALLEN DOUGLAS/KTW)
Kamloops Blazer paralyzed in snowboarding accident sparks fundraiser for family

As of Jan. 24, more than $68,000 had been raised to help Kamloops Blazers’ forward Kyrell Sopotyk

(Pixhere photo)
B.C. dentists argue for COVID-19 vaccine priority after ‘disappointing’ exclusion from plan

Vaccines are essential for dentists as patients cannot wear masks during treatment, argues BCDA

The fine for changing lanes or merging over a solid line costs drivers $109 and two penalty points in B.C. (Screenshot via Google Street View)
B.C. drivers caught crossing, merging over solid white lines face hefty fine

Ticket for $109, two penalty points issued under Motor Vehicle Act for crossing solid lines

Most Read