Via Rail Train Derailment

Charney Lawyers and Sutts, Strosberg LLP have commenced a class action due to the derailment of VIA Rail train 92 on Sunday February 26, 2012 in Burlington, Ontario.  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.

Click here for Notice of Action, dated February 28, 2012

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

Letter from Ted Charney to Via Rail. March 1, 2012

Scene Images

| 1 | 2 | 345 | 678910 | 11 | 12 |


If you are a passenger or a family member and wish to support the Class Action and be included in our Class Action database, you may complete an online questionnaire. 

Please click here to complete the questionnaire.

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 and Sutts, Strosberg LLP are experienced in class actions based on mass torts causing personal injuries.



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 Charney Lawyers. 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.




Video Highlights



                           News Video                      

                     Courtesy of Citynews                  


                Derailment Footage Aftermath

                    Courtesy of Globe & Mail


                Derailment Footage Aftermath

               Courtesy of The Calgary Herald



                News Video (March 1, 2012)

                      Courtesy of Citynews


"Transport Canada rejects safety recommendation after train derailment: TSB" Global News, February 25, 2013.

"Fatal VIA crash could have been avoided, ex-CN supervisor says" CBC News, February 26, 2013.

"In-cab recorders urged on anniversary of Burlington VIA derailment" CityNews Toronto. February 25, 2013.

"Train operators, track signals probed in fatal Burlington derailment" The Toronto Star. February 25, 2013.

"VIA Rail derailment still haunts passengers" CBC News. February 25, 2013.

VIA Rail ordered to open up to lawsuit July 19, 2012

Investigators, passengers seek answers why derailed Via Rail train was speeding. March 1, 2012

TSB Investigation Update into Derailment of VIA Rail Canada Train 92 and Renewed Call for Voice Recorders on Canadian Trains. March 1, 2012

Via Rail train crash caused by speeding, investigators say. March 1, 2012

Via Rail train probe finds high speeds in deadly crash. March 1, 2012

Three Killed in Via Rail train derailment in Burlington, Ont., February 26, 2012

Trainee driver could have been at the controls when Via Rail train crashed: investigator, February 27, 2012

Derailed VIA train's event recorder under examination, February 27, 2012

Via Rail Derailment: Passengers describe chaos, terror in deadly Burlington crash, February 27, 2012



"Charney... is unquestionably qualified to act as counsel.”


                          Ison T Auto Sales v. Zurich Insurance

          Ontario Court of Appeal, November 25, 2011

(Ted Charney acted for Ison T Auto Sales i.e. Toronto Honda on the appeal)



“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)