Squamish farm files claim against local business for wildfire responsibility

Owners of a local farm are accusing a Squamish company of starting a dramatic wildfire in the Squamish Valley in 2020, according to a notice of civil claim filed in the Supreme Court of B.C. in Vancouver on March 23.

Nutrient Dense Farm has filed a civil claim that the Brackendale company, All-Terrain Excavating Ltd., is responsible for starting the fire as the company was hired to conduct debris pile burns on farm property at the time of the fire.

The civil claim brought by Nutrient Dense Farm partners Stefan Butler and Lindsay Cornwell states that the Ministry of Forests, Lands and Natural Resource Operations alleges to have loss and damages based on embers escaping debris burn piles, thus causing the fire, and may bring proceedings against the farm.

In response to those potential proceedings, Nutrient Dense Farm issued a claim that the onus should be on All-Terrain Excavating instead.

“If the plaintiffs are found liable to the Ministry for any loss, damage or expense arising from the fire … then such loss, damage or expense was caused or contributed to by the breach of contract, negligence or breach of duty of All-Terrain,” reads the claim.

The claim against All-Terrain Excavating by Nutrient Dense Farm has yet to be tested or proven in court. The defendant hasn't filed a response as of April 19. The claim stated that All-Terrain had 21 days to respond if served with the notice in Canada, which has since passed.

The Squamish Chief attempted to contact All-Terrain to learn if the company plans to file a response, but the company did not respond.

The farm seeks declarations that All-Terrain is responsible for the Ministry’s loss as well as indemnity from All-Terrain. Additionally, the farm seeks damages and costs from the company.

“The fire has caused, and continues to cause loss, damage, and expense to the plaintiffs, the extent of which is yet to be determined,” reads the claim.

Those that were living in Squamish just a month after the pandemic stay-at-home orders went into effect will remember the Squamish Valley wildfire that was dubbed the Magee Road fire at the time.

The fire started on April 15, 2020, and an evacuation order was set for both the Squamish Valley and Paradise Valley.

Smoke made its way to Squamish as a result of the fire, and it destroyed several homes and structures. While the flames were out in just a few days, officials called it completely out about 40 days after it started due to hotspots and potential underground burning.