Court approves class-action suit against province for jet-fuel spill

VANCOUVER — A British Columbia Supreme Court judge has approved a class-action lawsuit against the provincial government over a fuel spill that forced the evacuation of thousands of residents in the Slocan Valley four years ago.

The law firm representing 2,500 residents said it’s the first such environmental lawsuit certified by the court against the province of B.C.

The firm, Rosenberg Kosakoski Litigation, said in a statement the tanker truck that overturned, spilling 35,000 litres of jet fuel into the Slocan River water system was part of a province-led refuelling operation for firefighting helicopters.

The action alleges the province caused the disaster because of operational mismanagement and then failed to adequately respond to the spill, which resulted millions of dollars in damages to private property and the ecosystem. At the time, residents were forced out and a do-notuse water order was put into effect as the fuel moved from Lemon Creek into the Slocan River.

The firm said in the statement that the province contested the classaction application, pointing blame at its co-defendants including the firms contracted by the government to execute the operation. Calgary-based Executive Flight Centre owned the truck that was on its way to supply helicopters battling a nearby wildfire when it overturned into the creek.

The statement said Justice David Masuhara rejected the province’s position, saying everyone should be concerned when the government fails in its duties to protect the environment and take responsibility for its mistakes.