Prince George, B.C. – The Province and WorkSafe BC have each filed a response to the notice of civil claim launched in the wake of the Babine Forest Products and Lakeland Mills explosions and fires that occurred in early 2012.The action, first filed in early January by workers and families of those involved in the two fatal explosions, called on the court to certify their claim as a class action suit and award them general damages along with special and punitive damages along with a declaration that WorkSafe’s inspections of the mills and its investigations into the explosions were negligent. ( see previous story)

In documents  filed with the Supreme Court in Vancouver,  WorkSafe denies any negligence either in its inspections of the facilities prior to the explosions, or the investigations in the wake of the tragedies.

WorkSafe and the Province both say the Plaintiffs are not entitled to pursue the court action because the action was launched more than two years after the incidents essentially, the  clock has run out. WorkSafe also notes “several of the Plaintiffs did commence actions in January and February of 2013, in relation to substantially the same claims and those actions were discontinued in March 2014.”

The WorkSafe response also points out that under the Workers Compensation Act, employees are not allowed to sue their employer, and in this case, “the Plaintiffs are ‘workers’ whose injuries arose out of and in the course of employment, and the Board is an ’employer’ “.

In its response, WorkSafe also says  the “remedy” lies in compensation benefits and says some of the plaintiffs are already receiving those benefits.

Both the Province and WorkSafe say the Court should not certify this case as a “class action” saying it does not meet the criteria for such a certification.

At this point, there is no date set for the matter to be heard in court.

Editor’s note:

As this matter is now before the courts,   comments will  not be allowed