Ottawa bus-train crash: city in tough position, says lawyer

The City of Ottawa is caught in a tough legalposition over the ViaRail train and OC Transpo bus crash that left six people dead,says a former Ottawacity councillor and lawyer specializing in municipal issues.

"The city cannot afford to cough out millions of dollars each time an accident happens," Stephane Emard Chabot told CBC'sOttawa Morning.

"So there's a business aspect to it,but there's alsoa very human aspect to it," headded. "We have victims here, they were riding a bus going to work on aneverydaymorning, and they lost their lives. And clearly something horrible went wrong. For politicians, it is a tough call."

The city is defendinglawsuits filed by the families of MichaelBleakneyand Rob More, two of the six people who died when the bus and train collided on Sept. 18, 2013.

City lawyers also filed a third-party claim against Via Rail Canadaas part of its defence on Monday.

• Via Rail 'negligence' contributed to bus-train crash, city says in defence

Chabot, a former city councillor for the former Ottawa ward ofBruyre-Strathconaand aformer law professor at the University of Ottawa,said the move to sue Via Rail is a common legal practice.

"They will try to pin the blame on someone else, or at least part of it," he said. "And that is quite standard in a negligence lawsuit."

The city denies any negligencein the collision, which happened at a level crossing on the Transitway near the Fallowfield station, locatedin the south Ottawa community of Barrhaven.

"They're going to try and say the fault isn't with us, the fault is with the train," Chabot said.

But Chabot believes the push to sue Via Rail is coming more from the city's insurance company than the city itself.

"At this point, it's not the city of Ottawa calling the shots," he said. "The insurers are taking over. The city will probably have some say but the insurance company will drive this probably to the end."

Bus speed, distracted driving were potential factors: TSB

Chabotsaid the likelihood of the lawsuit ending up in court is slim.

"Statistically, 95 to 97 per cent of cases are settled," he said. "Going to court is very expensive. I wouldn't be surprised, especially once we get the (full)TransportationSafety Board report,that offers will start flying back and forth."

The TSB's preliminary report, released in September 2014, listed the speed of the bus and distracted driving as possible factors in the crash.

Bleakney's family is seeking $1.8 million in damages while More's family is looking for $600,000 after the crash. Ten crash survivors have also sought damages from the city, but statements of defence have not been filed in those lawsuits.

The total amount sought by the 12 plaintiffs is $12.75 million.