CN may not have to shell out to the District of 樱桃视频for punitive damages over the Cheakamus Canyon spill. Council members questioned the viability of a lawsuit during their regular meeting Tuesday (July 17).
Council first held a closed session Tuesday, and during council's regular session, Mayor Ian Sutherland said the district is not sure a suit would be successful after discussing the issue with lawyers.
"We have to make sure we have a cause of action, and we can't do that if our lawyers don't think we could win," said Sutherland."It's a surprise that we're starting to believe our high priced lawyers," retorted Coun. Raj Kahlon.
While a suit against CN appears unlikely, council has not made a final decision over seeking restitution for the damage caused to Squamish's economy following the spill of August 2005, which killed an estimated 500,000 fish.
The debate stems from last week's release of the Transportation Safety Board's (TSB) report stating the derailment was caused by a malfunction in two locomotives set up in the middle of the train, as well as poor communication between two separate crews and an inefficient alarm system.
The study was released just three weeks before the statute of limitations runs out for filing civil action against CN.
"Obviously we would have liked to have it earlier," said Sutherland. "Over the next couple of weeks we'll see where we are."While the district may not take legal issue with CN, they hope to force the federal government to change the way investigations into accidents of this type are conducted and the effectiveness of communication the provincial and federal governments had with the district.
"Local municipalities have to be at the main table dealing with the incident after the fact," said Sutherland.
"We need to be informed sooner," said Lonsdale prior to council passing a motion to send a letter to the federal government requesting a change in their communication policy.
In the aftermath of the report, MP Blair Wilson also called for changes at federal government level.
"The Government of Canada must take regulatory action to ensure that the Cheakamus spill will not happen again," he said.
