October 1, 2007

Appellate court allows class action suit against CPR for TCE contamination

CALGARY, ALTA-The Alberta Court of Appeal has approved a class action lawsuit against Canadian Pacific Railway (CPR) by residents of the Ogden area of Calgary, who are suing CPR for contaminating groundwater in the area with trichloroethylene (TCE). The residents claim that the subsurface contamination is causing toxic vapours to migrate into their houses, and are claiming several million dollars for diminution in property values. Docken & Company, a Calgary law firm specializing in class action litigation, originally filed the environmental class action lawsuit against CPR in 2005 after TCE was detected in the groundwater underneath the Ogden community. The action, under the case name Windsor v CPR, alleges that the contamination was caused by the use of TCE at CPR's rail yard in Ogden. TCE, a colourless liquid, was used as a solvent for many years to remove grease from metal parts. CPR challenged the court decision to allow the lawsuit to proceed as a class action, and the Alberta Court of Appeal reserved its decision following a hearing in May. More information is available from Docken & Company, 403/269-3612, toll-free 1-877-269-3612, Web site www.docken.com.

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