Commencement of proceedings
A class action was filed yesterday against the Province of British Columbia and the corporate entities operating as Executive Flight entre (“the Action”).
A copy of the filed Notice of Civil Claim is attached with this press release.
The Class
The Action is brought by a Slocan Valley resident, Robert Kirk, on his own behalf and on behalf of a class of persons who own real property within the defined “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.
Persons wishing to support or participate in the action may email slocanclassaction@gmail.com or join www.facebook.com/groups/slocanclassaction/
Cause of action
The Action alleges negligence and nuisance on the part of the Defendants.
Quote attributable to Mr. Kirk:
“They set up an ad hoc fuel depot in an environmentally sensitive area without taking due care. 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.”
Quote attributable to Austin Greengrass, local resident:
“You take a fuel tanker up Lemon Creek Forest Service Road and you get an environmental disaster. Considering that the Lemon Creek Forest Service Road is narrow and unstable and is only a few hundred meters from their fuel depot, they should have clearly marked it off. You could find better signage at the entrance to Shambhala.”
Impact
Quote attributable to Austin Greengrass:
“A preventable tragedy of huge proportions. There has been tremendous suffering: burning eyes, blisters, sore throats, headaches, respiratory distress, and neuromuscular symptoms. People have been displaced from their homes, their farms contaminated, their businesses shut down indefinitely.”
Quote attributable to Robert Kirk:
“The Slocan River is a dead zone. 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.”Quote attributable to Marilyn Burgoon, President of the Perry Ridge Water Users Association:
“We are grieving. Where there had once been morning bird songs, there is an eerie silence.”
Quote attributable to Austin Greengrass:
“This is over 30,000 liters of perhaps the most dangerous and long-lasting types of fuel – released directly into an aquatic environment spanning over 40 kilometers. This is the largest spill of its kind in Canadian history. The total impact of human suffering and ecological damage will not be seen for years.”
Exacerbation of damage
The lawsuit alleges that, subsequent to the Spill, from July 28, 2013, to July 31, 2013, the Province used helicopters to supress the Perry Ridge forest fire with fuel-contaminated water from the Slocan River, thereby further exacerbating the harm.
Quote attributable to Austin Greengrass:
“They doused a forest fire with fuel contaminated water – we’re facing a circus of incompetence. Who can we trust keep us safe?”
Remedy of accountability
The lawsuit seeks relief set out at paragraph 94 of the Notice of Civil claim, including an order requiring the Defendants to meaningfully consult the Plaintiff’s independent environmental scientist with respect to ecological monitoring and remediation.
Quote attributable to David M. Aaron, Plaintiff counsel:
“The plaintiff is uncomfortable with the fact that clean up is in the hands of the parties that were allegedly irresponsible enough to let this happen. We are asking the Court to compel the Defendants to meaningfully consult with an independent environment scientist who may give input into monitoring and remediation strategies.”
Quote attributable to Robert Kirk:
“We are not just going to passively sit and take whatever information and remediation efforts they hand out. ”
Quote attributable to Marilyn Burgoon:
“The law suit stands to trigger full disclosure. At this point, we do not even have particulars as to the exact composition of the fuel. Material has been released into our water and we need to know what’s in it in order to properly react.”
About the representative plaintiff
The Representative Plaintiff, Robert George Kirk, owns and resides on a 51-acre property on the east riparian bank of the Slocan River, approximately 6 km south of Lemon Creek.
Approximately 45 acres of the Kirk property consists of wetlands within the flood plain of the Slocan River.
Kirk worked for 37.5 years as a machinist with Tek Cominco in Trail, BC, before an injury left him incapacitated with a broken neck without paralysis.
In his retirement, Kirk has made a daily habit of walking his property, enjoying the beavers, ducks, frogs, turtles, muskrats, blue herons, osprey and various other birds that have made a nesting ground and habitat out of his marshland.
Kirk’s dwelling is 15 meters from the Slocan River. At 5:00am on July 27, 2013, he awoke with a headache and sore throat to the sound of his horse coughing. He found an evacuation notice that had been posted on his door. A pool of fuel had accumulated in a Slocan River back-eddy just south of his barn. It remains there today, with the addition of an orange flag placed by authorities.
Since the Spill, Kirk has observed the complete absence of wildlife from his property, except for a duck and blue heron that have turned up dead. Fuel is adhering to grass on the riparian bank of his property, rendering it a lethal habitat for Wildlife.
The media is requested to direct inquiries of Kirk to his representatives, the Perry Ridge Water Users Association and his legal counsel, David M. Aaron.
Administration
The Plaintiff is assisted in the administration of the class action by the Perry Ridge Water Users Association, which has started a litigation support fund at:
Heritage Credit Union, PO Box 39, Hwy 6, Slocan Park, BC V0G 2E0
Account #: 3636-8
The Perry Ridge Water Users Association is a society incorporated under the laws of British Columbia with its offices in the Slocan Valley. It has represented local water users on environmental matters, including litigation, for 30 years.
Next steps in litigation process
It is expected that the Defendants will receive service of the Court documents today.
Quote attributable to David M. Aaron:
“They will have 21 days from being served to file their defence pleading -a Response to Civil Claim- after which the Plaintiff will seek to have the action certified under the Class Proceedings Act.”
Photos
Five photos (“the Photos”) are posted on the above-referenced Facebook site by Jim Ross. They are labelled as “Official Plaintiff Photos”.
The media is authorized to publish the Photos – they are taken by Robert Kirk of/at his property. Captions attached are quotable statements by Mr. Kirk.
Request for confidentiality
Robert Kirk requests that the media refrain from publishing his home address. He is retired and recovering from an injury and the maintenance of his physical privacy is essential to his well-being.
Contacts
David M. Aaron, counsel for the Plaintiff 250-352-7410
- Austin Greengrass, Local Resident and member of the proposed Class – 1 (250) 900-6885
- Marilyn Burgoon, President of the Perry Ridge Water Users Association -1 (250) 226-7324