Elstow Saskatchewan - CP is claiming that a Saskatoon semi driver who caused a derailment two years ago near Elstow owes the company more than $1 million in damages.
 
According to a lawsuit filed in June in Saskatoon Court of Queen's Bench, Serhiy Bumbak "failed to compensate CPR" after the company demanded $1,137,559.87 in April 2018.
 
On 3 Jul 2017, Bumbak, then 33, was operating his semi trailer on a rural access road near the Elstow Crop Production Services Facility east of Saskatoon when he failed to stop before crossing CP's tracks, causing the train to hit his semi and derail.
 
Although statements of claim contain allegations not yet proven in court, Bumbak pleaded guilty in September 2017 to proceeding from a stop sign before safe to do so, a charge laid under the Traffic Safety Act.
 
Saskatoon provincial court records show he was fined $230.
 
The collision left seven railway tankers damaged, diesel fuel leaking from four locomotive units, and 50 meters of track that needed complete replacement.
 
No one was hurt in the collision.
 
The statement of claim lists the damages as $977,638 for the repairs and replacement, $18,237 for the loss of usable equipment, and $141,685 for extra employee-related expenses.
 
CP argues the collision resulted "solely from Bumbak's negligence."
 
He did not give the right-of-way to the train, trying to beat it to the crossing, and was not adequately trained to operate the semi trailer when he drove it without due care and attention, CP alleges.
 
"On the south side of the Crossing there is a clearly mounted set of crossbucks and a sign indicating there are two sets of tracks, and signs reading "STOP," "Railroad Crossing," and "Caution High Traffic Rail Crossing," the document states, adding Bumbak failed to observe those warning signs before driving in front of the train.
 
A CP spokesman, in an email, said the company would not provide any further information on the lawsuit.
 
Court documents show Bumbak, who owned the semi, was served with the statement of claim on 26 Jun 2019.
 
When reached by phone, he did not comment.
 
Bre McAdam.