. . DISASTERS: EXPLOSIONS : TRANSPORTATION: RAILROAD: FREIGHT : PETROLEUM : ENVIRONMENT: OIL SPILLS: COUNTRIES: CANADA : The Legal Quagmire of Lac-Megantic . . The Legal Quagmire of Lac-MeganticPlans are finally taking shape for financial compensation of derailment victims
By Monique Beaudin, Gazette environment reporter April 20, 2014 Montreal Gazette http://www.montrealgazette.com/news/ legal+quagmire+M%C3%A9gantic/9757722/story.html . A shorter URL for the above link: . http://tinyurl.com/mbn9tjh . .Nine months after a runaway oil train derailed in Lac-Mantic, killing 47 people and destroying a large chunk of the town, a plan for financially compensating disaster victims is taking shape.
.Judges in Quebec and Maine have approved a joint cross-border process for victims of the accident to file claims against Montreal, Maine and Atlantic Railway and its Canadian operations, Montreal, Maine and Atlantic Canada. The two companies have been under bankruptcy protection since August.
.Thousands of claims related to the derailment are expected to be filed against MMA. Public information meetings on the financial-claims process are to begin in Lac-Mantic next week. Claims must be filed by the middle of June.
.People who lost family members, homes and businesses have turned to Canadian and American courts for financial compensation, but the process has been slow. The estates of several of the 47 people killed on July 6 have filed wrongful-death lawsuits in the U.S. Lawyers have also begun proceedings to bring a class action in Quebec. Quebec has already ordered six companies to clean up and decontaminate the town, a move that is facing a legal challenge.
.The American lawyer overseeing MMA's U.S. bankruptcy proceedings himself admits figuring out how victims will be compensated is "quite complicated".
.One of the biggest questions is who has the money to pay for the accident - compensating victims and secured creditors, covering cleanup costs and paying damages that several companies are claiming as a result of the derailment.
.MMA was sold in January to New York-based Railway Acquisitions Holdings, for $14.25 million, less than what it owes its secured creditors.
.That leaves a $25-million insurance policy and the possibility of a settlement fund composed of contributions from several companies targeted by legal action after the accident, said Robert Keach, MMA's U.S. Chapter 11 trustee.
.Another possible source of financial compensation for victims could come from a lawsuit Keach filed against World Fuel Services, Western Petroleum and Petroleum Transport Solutions, the companies that arranged for the shipment of the crude oil on the train. Keach argued they were to blame for the accident since the oil had been mislabelled as being less volatile than it actually was.
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