Ontario mother sued by CN Rail two years after son's fatal crash

Sharon Jobson speaks to CTV News about the lawsuit filed by CN Rail two years after her son’s death in this undated image.

An Ontario woman said she was stunned to learn she’s being sued by CN Rail two years after her son died in a collision with a passenger train at a railway crossing.

Sharon Jobson said she is facing a $500,000 lawsuit from the railway company for the damage and delays caused by the fatal crash.

She was served the papers on Tuesday, as she prepared to mark the second anniversary of her son John’s death.

The 22-year-old was behind the wheel of his pickup truck on July 29, 2011, when he collided with a westbound Via train near Glencoe, west of London, Ont. He was killed, and six passengers on the train were injured.

Already awaiting the grim anniversary, Jobson said she was horrified when a man delivered the notice.

“I got the doorbell around noon and he just pushed the papers at me and said that I was being served for my son not stopping at the railway crossing,” she told CTV News.

The lawsuit from CN alleges John was negligent and responsible for the collision when he failed to stop his truck at the crossing despite a warning sign and the train sounding its whistle.

A Transportation Safety Board report also found that John had failed to stop at the crossing, but noted that buildings located near the railway crossing and vegetation along the track prevented both him and the train crew from noticing each other well in advance of the crossing.

The TSB report also suggested that the train’s horn needed to be upgraded.

In the lawsuit, CN claims the company incurred substantial expenses, including repairing the tracks that were damaged by the collision.

None of the allegations have been proven in court. Jobson is named in the lawsuit because she is the executor of her son’s estate.

Since her son’s death, Jobson has lobbied for full lights, gates and bells to be installed at the crossing. She’s managed to convince CN and Transport Canada to budget $400,000 for the safety equipment.

“When you lose your son you’re cut open, and it’s been a hard time,” Jobson said. “We have been advocating for safety out there.”

Now, instead of preparing for a quiet day to mark her son’s death, Jobson must decide whether or not to file a statement of defence – with her deadline on the anniversary of her son’s death.

“I was looking forward to having some peaceful time just to remember John. “

CN declined to comment on the matter.