Glencoe, Ontario: …… and the lawsuits keep flying

28 Jan

A third lawsuit has been served on the mother as executor of her adult son’s estate alleging that her son was negligent when his truck fatally collided with a passenger train, causing it to derail. in parallel the lawsuit was served on Southwest Middlesex Council alleging that the township had inadequate signage on the approach to the then passive level crossing and the poor state of the road.

The latest lawsuit has been served on behalf of Via Rail, owned by the federal government, which is claiming damages of CAD 2.8 million arising out of the accident near the adult son’s farm near Glencoe, Ontario. The Via Rail claim is for both damage to the train and injuries caused to passengers travelling on the train when the accident occurred on July 29th, 2011.

The lawyers retained by all involved parties are the only ones who will profit from this fatal accident at a then passive crossing for which a case for the upgrade to active status has been made.

Subsequent to the accident the crossing has been upgraded to an automatic half-barrier configuration. The costs of the upgrade were shared between Canadian National – owner of the railway infrastructure; Southwest Middlesex Council – the highways authority; and, Transport Canada – who provided federal grant funding.

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