6 bus-train crash lawsuits settled ahead of final report

The City of Ottawa has paid out nearly $2 million to settle six lawsuits related to the fatal September 2013 crash between a double-decker OC Transpo bus and a moving Via Rail train in Barrhaven.

Another 30 lawsuits related to the crash remain unsettled, the city told CBC News in an email.

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CBC News has learned that undisclosed settlements were reached with the families ofMichael Bleakney, 57, andRob More, 35, who were both killed in the crash. The plaintiffs in the remaining four lawsuits that have been settled are unknown.

The settlements were reached ahead of therelease of the Transportation Safety Board of Canada's final report on the fatal crash, which is expected on Wednesday.

HowardYegendorf, the lawyer who represented theBleakneyfamily, said he negotiated a settlement in September after apreliminary TSB report.

"From the report, there was nothing wrong with the train, there was nothing wrong with the crossing, there was nothing wrong with the bus and there was no medical event for the driver. That leaves one irresistible inference and that was driver error," he said, adding that he expects that Wednesday's final report will "solidify" the previous findings.

LawyerElianeLachaine, who negotiated a settlement forthe More family in October, said Wednesday's report will be "the last piece of the puzzle" that could help bring closure for families.

36 lawsuits claim $26M in damages

The families of passengersKarenKrzyzewski,and Carleton University studentsConnor Boyd and Kyle Nash all killed in the crashalso filed lawsuits againstthe City of Ottawa andWoodard's estate.At least 27 passengers who survived the crash have also filed lawsuitsrelated to the crash.

Since the City of Ottawa hiredWoodardto drive the bus,Yegendorfsaid he believes the city is liable for his actions.

"It seems to me, and it has always been my position, that it is the city and the city only at fault," he said.

City Solicitor Rick O'Connor told CBC News in anemailthatthe 36 lawsuits related to the crash, including the six that have been settled,had claimstotalingabout $26 million.

He added that"confidentiality prevents the city from disclosing the specific amount of any individual settlement."

TheBleakneyfamily's initial statement of claim, filed in January 2014,asked for damagestotaling$1.8 million. The More family'sinitial statement of claim, filed in March 2014, asked for damages totaling $600,000.