CP Rail taking semi company to court over 2018 crash

In 2018, a Canadian Pacific Rail (CP Rail) train and a semi crashed at a Ring Road crossing in Regina, dragging the semi down the tracks.

Now, a judge is telling CP Rail its lawsuit over the crash is going to have to go to trial.

According to court documents, the crash happened at 4.45 a.m. on Jan. 30, 2018.

A semi was driving down the road and the driver saw the red lights flashing at the crossing, but he couldn’t see the train so he proceeded through and was hit.

CP Rail claims it had an employee on the back of the train with a flashlight, but the driver said he didn’t see any light.

The train was moving at about five miles per hour and dragged the semi between 40 and 50 feet, damaging the crossing infrastructure in the process.

At question is which side was negligent in the crash and the amount of damages. CP Rail is alleging $645,149.25 of damage was caused to the train and crossing.

The transport company tried to countersue for $106,055.62 of damages but the judge determined that suit was filed too late.

CP Rail had wanted a summary judgment in the case, meaning there wouldn’t be a hearing and the judge would decide based simply on the evidence filed by both sides.

However, Judge D.H. Layh determined there wasn’t enough information in the evidence to do that, and so the matter will have to go to trial.