Moiseiwitsch v Canadian National Railway Company
Carel Moiseiwitsch
Canadian National Railway Company
Law Firm / Organization
Not Specified
Lawyer(s)

P. Davis

Canadian Pacific Railway Company
Law Firm / Organization
Bennett Jones LLP
Law Firm / Organization
Canadian Pacific Railway Company
Lawyer(s)

Kate Andrews

Background:
Carel Moiseiwitsch, along with other plaintiffs, sued Canadian National Railway Company and Canadian Pacific Railway Company, alleging negligence in relation to the Lytton Fire of June 30, 2021. Multiple actions, including class actions and individual lawsuits, were filed. The litigation included claims from Indigenous groups, governmental bodies, and insurers.

Legal Issues:
Defendants sought to delay their document discovery obligations until after the class certification process. They argued that premature disclosure would create inefficiencies and prejudice their case. The plaintiffs, including Indigenous groups, opposed the delay, asserting that they needed discovery to proceed with their claims. The court considered procedural fairness, proportionality, and efficiency in determining whether to grant the deferral.

Court's Decision:
The court denied an indefinite deferral but allowed a limited extension of discovery obligations. It ordered the defendants to produce their first tranche of documents by August 1, 2025, aligning with the plaintiffs' deadline. Discovery was limited to liability and causation to reduce burden.

Award & Costs:
The ruling focused on procedural matters, and no damages or final costs were awarded. The court did not impose cost penalties but required compliance with the modified discovery schedule.

Supreme Court of British Columbia
S217469
Tort law