The Insurance Corp. of British Columbia (ICBC) is suing Teck Metals, the provincial government and a host of others after a series of sulphuric acid spills onto public highways led to thousands of claims for vehicle damage.
The notice of civil claim filed in BC Supreme Court on October 9 names Teck Metals Ltd., Teck Resources Ltd., International Raw Materials Ltd., Westcan Bulk Transport Ltd., Regional District of Kootenay Boundary, City of Trail, Her Majesty the Queen in right of British Columbia as represented by the Minister of Transportation and Infrastructure, Minister of Environment and Climate Change Strategy, Chris Hutchinson and John Doe as defendants.
According to the lawsuit, Teck manufactures and stores “large volumes” of sulphuric acid at its facility near the city of Trail, which is bought by International Raw Materials and transported in tankers by defendant Westcan Bulk Transport. Between April and September 2018, the insurance corporation claims there were four separate spill incidents, including a tanker that overturned on August 11, 2018.
“The highway and adjoining roadways were not closed promptly, or at all, while the spills caused the highway to be unsafe and unsuitable for public use,” the claim states. “No warnings or notifications to highway users regarding the spills were posted promptly, or at all, by any of the defendants while the spills caused the highway to be unsafe and unsuitable for public use.”
Vehicles that drove through the spills suffered “serious and extensive damage,” ICBC claims, including to “life-safety components” including braking systems, steering systems, suspension systems and fuel line systems that all need to be replaced. Meanwhile, the vehicles exposed to the spills will suffer a “stigma” and “a reduced useful lifespan even after replacement of all affected life-safety components.”
“The damage has diminished the vehicles’ residual resale value, if any,” the claim states.
The spills triggered a wave of thousands of motorists filing claims with ICBC, and the company claims it incurred “extraordinary expenses” of using specialized equipment and retaining experts, as well as employee overtime and travel expenses.
ICBC alleges the defendants failed to properly respond to the spills, including applying water to the spills while failing to use a neutralizing agent, which made the acid more corrosive. In addition, Westcan issued a public statement instructing people affected by the spills to rinse their cars in a car wash.
“Some of the insureds followed this recommendation which resulted in an increase in the severity of the vehicle damage,” the claim states.
Moreover, ICBC claims the corporate defendants knew the acid was “inherently dangerous” and transported “in such volume and concentration, if leaked or released from the tankers, the sulphuric acid posed a risk to human health and safety and damage to property.”
ICBC seeks damages for negligence, public nuisance and breach of duty of care. The allegations have not been tested or proven in court and the defendants had not responded to the claim by press time.
