Manitoba semi driver failed to stop at crossing before collision, railway's lawsuit alleges

A Manitoba semi driver and Maple Leaf Foods are being sued by Canadian Pacific railway for hundreds of thousands of dollars after the driver allegedly failed to stop at a railway crossing, leading to a collision and train derailment.

In a lawsuit filed Feb. 19 in Manitoba Court of King's Bench, the railway, which owns and operates the train involved in the Feb. 20, 2023, crash, alleges the behaviour of the semi driver hired by the food producer was "negligent, reckless" and "intentionally dangerous."

The suit, filed on behalf of the railway by Fillmore Riley LLP, alleges the driver failed to operate the semi safely and heed to warning signs, lights or sounds at the railway crossing.

It claims that Maple Leaf is vicariously liable for the actions of the driver.

The truck driver, who resides in or near Grunthal, Man., was travelling east on Highway 23 with a load of livestock when he went through a railway crossing before noon on the day of the collision, the lawsuit says.

A northbound train headed toward the railway crossing near Dufrost — about 60 kilometres south of Winnipeg — struck the passenger side of the semi's trailer.

The railway crossing was equipped with a warning system, including signage, flashing lights and bells indicating a train is approaching. The warning system was activated when the semi — going a minimum speed of 100 kilometres per hour — failed to stop at the crossing, the lawsuit alleges.

The train's engineer also blew the train's whistle to alert the driver before the crash, the suit claims.

The lawsuit did not specify whether the driver had any injuries. 

It says that the day after the collision, the semi driver was ticketed under the Highway Traffic Act for driving through a crossing when unsafe to do so, the lawsuit says.

The lawsuit says the collision caused delays for three of the rail company's trains, resulting in additional damages, the statement of claim alleges.

The rail company is seeking just over $307,000 for costs associated with damage caused by the collision and the cleanup, including a crane used to lift the derailed train car onto the track, and repairs to the train and track near the railway crossing.

None of the allegations have been proven in court.

A spokesperson for Maple Leaf said the company only became aware of the lawsuit on Wednesday and is not able to comment on the allegations at this time.

The plaintiff is identified in the suit as Canadian Pacific Railway, which merged in April 2023 with Kansas City Southern Railway Co. to become Canadian Pacific Kansas City.