Canadian Pacific will contest at least one of three components of the decision of a judge of the Quebec Superior Court has approved a compensation plan for more than $ 430 million for victims of the tragedy and creditors of Lac-Mégantic.
The company filed a motion seeking leave to appeal the three decisions of the Gaétan Dumas judge about the compensation fund.
Jeff Orenstein, a lawyer for the families of victims of the tragedy of July 2013, said his counterparts CP had warned that the company also intended to file a second call on the other two decisions. A spokesman for the CP, Martin Cej, did not comment on the remarks of counsel, content with writing in an email, that CP had not filed a motion to appeal a two other aspects of the court’s decision.
If the CP obtains the approval of a judge, the sharing of the compensation fund could be out for several months.
In approving the settlement, earlier in July, the Dumas judge had rejected three Canadian Pacific queries: one calling for the cancellation of the compensation fund, a second requiring access to certain documents and a third requesting transfer of proceedings Judicial Federal Court.
According to court documents, the CP wants to overturn the decision which prevents access to confidential information about the Fund. The company maintains that the judge’s decision to deny access to documents is “inappropriate and unnecessary” while not being founded from a legal point of view.
Ms. Orenstein said that the CP wants to know the exact amount that each company will contribute to the bottom.
On 6 July 2013, a convoy of 72 tank cars of the Montreal Maine and Atlantic (MMA), left unattended for the night in Nantes, had rolled down a slight incline of 13 kilometers, then derailed in downtown Lac-Mégantic before exploding and catching fire. Part of the city was literally destroyed by the explosion and the flames, and the balance sheet amounts to 47 dead.
The settlement is related to bankruptcy proceedings Montreal Maine and Atlantic (MMA) in the United States and Canada.
The CP was the only one of some 25 entities have refused to participate in the fund. The company maintains that it is not responsible for the tragedy.
All parties must return to court on 9 September in Montreal to hear applications CP