1.  On February 26, 2012, at approximately 3:30 p.m., Via Rail train #92 derailed near Burlington, Ontario.

2.  The law firms of Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP), Charney Lawyers, Koskie Minsky LLP and Howie Sacks & Henry LLP commenced class actions on behalf of all persons who were passengers on Via Rail train #92 on February 26, 2012 when it derailed.  The four law firms are working together to prosecute this class action.

3.  The defendants in the class action are Via Rail Canada Inc. and Canadian National Railway Company.

4.  This class action seeks compensation for physical and emotional injury, damage to property and loss of income.

5.  On October 31, 2012, this action was certified as a class action.  Click here to review the notice of certification.

6.  The time to opt of out the class action has passed.

7.  On March 12, 2015, a motion was heard in the Superior Court of Justice to determine the next steps in the action.  The court issued judgment in favour of the Class.  Click here to review the Judgment dated March 23, 2015.

8.  On January 18, 2016, the court approved the procedure to determine the damages of the individual Class Members.  Class Members have until July 26, 2016, to settle their claims or until October 24, 2016 to file an application record in support of their claims for damages. The court-approved procedure for resolving the individual claims is described in the notice of judgment and individual participation.  Click here to review the notice. 

9.  If you were a passenger on VIA Rail train #92 when it derailed on February 26, 2012, we encourage to review the notice of judgment and individual participation carefully.  If you have any questions, please contact class counsel at the contact information provided in the notice.  You may also call us toll-free at 1.800.229.5323, extension 296 or send an email to

10. If you would like to know more about how a class action works, please click here.


This website provides general information to class members on a class action against VIA Rail and others. The court will ultimately decide who will be included as a class member.

The information collected about 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 a client of Strosberg Sasso Sutts LLP.

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 a substitute for individual legal advice.

This website is updated from time to time to provide class members with further information.


Contact information
Theodore Charney
Brad Moscato
James Howie
Jody Brown
Kirk Baert
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