Class Action


Via Rail Train Derailment

If you are seeking to commence a claim with respect to the Via Rail train derailment that occurred on Sunday, February 26, 2012, in Burlington, Ontario, please contact Andrew Eckart at (416) 964-3408 ext. 246 for a free consultation.

Charney Lawyers is investigating the potential for a class action.  Passengers may be entitled to compensation for physical and emotional injuries, loss of income, medical expenses, and/or out of pocket expenses.  Family members may be entitled to compensation as well.

A class action will result in the passengers banding together in one lawsuit against Via Rail. 


If you are a passenger or a family member and wish to support the Class Action and be included in our Class Action database, please fill out the form below.

There is no financial obligation to register. Once you register we will notify you of all important developments via email. If you are interested in starting a new class action, then please contact us for a free consultation. We work closely with representative plaintiffs who hire us to start a class action. There is no fee unless we recover. See Class Action Fees.

Charney Lawyers is experienced in class actions based on mass torts causing personal injuries.

Your Information

Fields marked with an asterisk (*) are mandatory.


First Name: *

Last Name: *

Street Address/Apt: *

City: *

Province: *

Postal Code: *

Home Phone: *

Evening Phone (if different):

Email Address: *


Claim Information


Were you a passenger on the train?
Are you a family member of someone who was injured?
Were you injured?
Describe your injuries.
Did you lose any income from employment or incur any expenses due to the derailment?
Do you wish to participate in seeking compensation through this proposed class action lawsuit and have Falconer Charney LLP keep you advised of all new developments?






The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Falconer Charney LLP. The court will ultimately decide who will be included as a class member.

This website will be updated from time to time to provide potential class members with information as it becomes available.


�The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group.�

Whiting et al v. Menu Foods Income Fund [2007]

(The Charney Group of Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage)



�The Settlement Agreement in the case at bar has undergone the court's scrutiny, and it appears to me that in entering into the Settlement Agreement and in seeking certification on consent for settlement purposes, the plaintiffs and the defendants, with the assistance of their legal counsel, have provided the social good of access to justice and adequate compensation in accordance with Canadian law for perhaps thousands of citizens who may have been harmed by the Listeriosis outbreak and who decide not to opt-out of the settlement, which remains the individual choice of class members.�

Bilodeau v. Maple Leaf Foods Inc. [2009]

(The Charney Group of Lawyers represented Ms. Bilodeau for this class action)



�Although I am not formally required to approve it, I believe it is relevant that, when the risks and expenses of continuing the litigation are considered, the settlement appears to fall well within a zone of reasonableness.�

Yordanes v The Bank of Nova Scotia, December 2006 

(The Charney Group of Lawyers were counsel for Yordanes)