Canadian Government Removes Omnitrax from Lawsuit


Hudson bay rail line

The HBRC will be solely responsible for any damages and costs to repair the rail line. Omnitrax photo.

The parent company of Hudson Bay Railway Company (HBRC), US-based Omnitrax, is off the hook for any damages lost in a pending lawsuit. HBRC will be solely responsible to the federal government if they are found liable for not repairing the washed out rail-line that links Churchill with the south of Manitoba. In May 2017 the tracks were washed away in nearly 20 locations rendering the stretch of tracks useless until millions of dollars are allocated for repair.

Omnitrax’s claim that HBRC is a separate entity has been upheld and thus the Federal Government of Canada has removed its name from the lawsuit.

Soon after two late spring blizzards began to melt, the tracks suffered severe damage in multiple locations. Omnitrax, based in Denver, Colorado, refused to spend an assessed $60 million for repairs. The company claimed economic hardship with regards to the project and was faced with the federal government threatening to sue after the 30-day start deadline elapsed.

The government filed a lawsuit this past November naming Omnitrax and HBRC as defendants. Under a 2008 agreement, Transport Canada indicated that Omnitrax was responsible for keeping the railway running through 2029. As a result, the lawsuit is seeking to recoup $18 million that was an original part of the terms to operate the port and rail line. However, the company has claimed the damages resulted from unforeseeable circumstances or “act of God” thus releasing them from their obligation to repair under their contract with the government.

Omnitrax counsel Jamie Kagan acknowledged that the Attorney General of Canada and Omnitrax have agreed to remove the parent company’s name from the lawsuit and relieve them from any judgment for damages. Any fault and levy of damages will now only be filed against HBRC.

“Our view has always been that this is a political action mainly brought for the purposes of PR and not for a legal remedy, and it appears that the Government of Canada, when pushed, ultimately agreed and has withdrawn the allegations against Omnitrax Inc.,” Kagan said in an interview after the hearing.

“As the private owner of the line, Hudson Bay Railway Company -which also conducts business under the name OmniTRAX Canada- had the obligation to repair the rail line when it was damaged,” a spokesperson for Transport Canada said in an emailed statement.

Churchill residents and business people have been faced with increasing costs for everyday supplies as most now are transported by air. Government subsidies have deferred costs to some extent though some residents have been forced to relocate to Winnipeg or other locations as a result.

Omnitrax is still trying to work out a purchase and sale agreement with a group comprised of northern Manitoba First Nations. Those talks have stalled since the disaster last spring.

Omnitrax Has Rail Assessment

Hudson Bay line rail damage. CBC photo.

Omnitrax, owner of the Port of Churchill and the damaged Hudson Bay Rail – Line, has apparently obtained an assessment of the severely damaged railroad tracks between Gillam and Churchill. After meeting with Transport Canada officials this past Monday, Omnitrax seems to have a clearer notion of what it will take to repair the tracks.

The company has not yet released the findings and any strategic, updated plan to commence work in the near future. After 13 weeks of inoperability, the Hudson Bay line still sits damaged by spring floods resulting from two historic March blizzards. An August 4th updated engineering report detailing estimated costs for repairs was obtained by Omnitrax though they vowed to divulge the findings only after meeting with Transport Canada.

In early July, repair estimates by Omnitrax ranged between $20 and $60 million which they emphatically stated were “not economically viable”. However, the Canadian government continually insists that the company is responsible via federal transportation laws to keep the lifeline to the north running. Transport Canada, the enforcing agency for the law will not initiate an investigation until it received specific complaints from citizens and other agencies.

Correspondence so far from complainants has not been addressed directly to movement of goods and rail line abandonment prompting responses from some Churchill residents that Ottawa and Omnitrax are dragging their feet in the process. Telling Churchillians they have basically not “complained properly” is not sitting right with many of the distraught residents.

Damaged Hudson Bay rail line. CBC photo.

Churchill Mayor Mike Spence, mayor of Churchill, instead of encouraging residents to file complaints with the regulator has instilled trust in Prime Minister Justin Trudeau. Trudeau pledged he would find a solution on July 28. Trudeau, however, hasn’t said how he plans to proceed.

Home Hardware owner Rhoda deMeulles exemplifies the business owners woes in town by expressing her frustration on lack of supplies due to no cargo arriving via rail. “It’s hard to realize what you need all at once,” said deMeulles, whose store is close to running out of construction supplies and cash.

“We feel like we’re in jail,” said deMeulles, who still loves the town she adopted 38 years ago. “We need help; we need our rail line back.”

Something has to give as the government continues to subsidize groceries for the town. Everyone is expecting a decision by Omnitrax soon, possibly as early as next week.

Pin It on Pinterest