Railway sues Maple Leaf Foods over train derailment

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This article was published 26/02/2025 (313 days ago), so information in it may no longer be current.

Canadian Pacific Railway is suing Maple Leaf Foods and one of its semi-truck drivers, alleging he caused a train derailment when he blew through a highway crossing south of Winnipeg while hauling livestock two years ago.

Winnipeg lawyers Ari Hanson and Alexa Smith filed a statement of claim in the Manitoba Court of King’s Bench on behalf of the railway last week, seeking a judgment of more than $300,000, interest and court costs.

Maple Leaf Foods and the driver, who lives in or around Grunthal, have yet to file statements of defence and the matter hasn’t been heard in court.

The court filing says Maple Leaf and the driver owed members of the public — including the railway — a duty of care to ensure that the semi was driven carefully and prudently, without causing damage to trains, railway infrastructure and public roads.

The collision and subsequent derailment occurred at about 11:48 a.m. on Feb. 20, 2023. The train was proceeding north toward a crossing on Highway 23 near Dufrost as the driver was heading east on the highway travelling at least 100 km/h, the filing says.

The crossing’s warning system of signage, flashing lights and bells (but no crossing arms) were going off indicating a train was about to cross, the railway said. The locomotive engineer blew the train’s whistle as he approached.

The driver did not stop, the court filings say, and drove the truck into the path of the train, resulting in the right-hand passenger side of the semi-trailer being struck.

Media reports from the time indicate the truck was hauling pigs. No injuries were reported to train crew staff and the truck driver suffered minor injuries. It’s unclear if any of the livestock were injured.

The court filing indicates the driver was ticketed for proceeding across a railway crossing while unsafe under the Highway Traffic Act the day after the collision.

The collision damaged the locomotive engine, which derailed from the track, and damaged a section of the track near the crossing, the court filing says.

CP alleges its costs to lift the derailed train back on the tracks, repairs to the locomotive engine and track, as well as environmental remediation, amounted to $307,363.05.

“The defendants have refused to pay despite demand,” the court filing alleges.

The railway also said the derailment caused three additional trains to be delayed, resulting in additional losses and damages.

The railway alleges its damages were caused by the driver’s negligent, reckless or, alternatively, intentionally dangerous operation of the semi, for which he is liable and Maple Leaf is vicariously liable.

The railway, referred to in the legal filings as Canadian Pacific, recently changed its name to Canadian Pacific Kansas City after a merger with an American railway in 2023.

erik.pindera@freepress.mb.ca