$10 million lawsuit launched against Via Rail and CN

The Transportation Safety Board will hold a briefing on March 1 to update the status of the investigation.

Crews work to clean up the wreckage of the VIA Rail passenger train in Burlington, Ontario on Monday, February 27, 2012. The cleanup operation still continues 24 hours after the accident.

A $10 million class action lawsuit has been launched on behalf of the passengers on the Via Rail train that derailed in Burlington on Sunday, killing three Via workers and injuring 45 passengers.

The lawsuit is being handled by Toronto firm Falconer Charney and Windsor firm Sutts, Strosberg LLP – the same firm that argued a successful class action in a 1999 Via accident in Thamesville.

Falconer Charney stated in a note that if successful passengers would be compensated for physical and emotional injuries, loss of income, medical expenses, and/or out of pocket expenses. Family members may also be entitled to compensation.

The lawsuit was filed on behalf of Sandra Lundy against Via Rail and Canadian National Railway Company (CN) for negligence and breach of contract. Lawyer Sharon Strosberg says she expects to add more passengers today.

Meanwhile, we may hear more today about what exactly happened on the deadly train as investigators continue to examine pieces of the wreckage and the black box at a secure holding facility. The Transportation Safety Board will hold a briefing in Richmond Hill on Thursday, March 1 to update the status of the investigation.

The last pieces of the engine were removed on Tuesday from the crash site west of Toronto. Investigators won’t speculate on what may have caused the crash but say the train was switching tracks when it derailed.

Via says train operations have returned to normal in the area and GO Transit says its trains have also resumed service.

This article was originally published on Feb 29 and updated March 1.

Watch Canadian Insurance Top Broker for more on this story.

With files from The Canadian Press

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Transcontinental Media G.P.