Who’s suing whom?

A compendium of lawsuits from across the country

by Michael Barclay

British Columbia: A class-action lawsuit was launched against the B.C. government over allegedly improper Breathalyzer tests used after new drinking and driving legislation was introduced last fall. In November, 2,200 roadside Breathalyzers were recalled by the Victoria police chief amid concerns over mis-calibration and faulty readings. The lead plaintiff in the suit had his licence suspended and his car impounded after registering a blood-alcohol level of 0.05, the minimum level for an immediate suspension under the new law.

Saskatchewan: A 24-year-old woman, with the support of the B.C. Civil Liberties Association, is suing Correctional Services Canada, claiming that her four-year stint in solitary confinement is unconstitutional. The Civil Liberties Association says there are no limits or objective criteria for placing prisoners in solitary confinement for long terms. Parole Board documents say she has been repeatedly violent in prison.

Ontario: A cyclist who suffered a brain injury after a race held last April is suing the Hamilton Cycling Club for $20 million in damages. He was travelling 40 km/h when he slammed on the brakes to avoid a cluster of competitors on a sharp turn, causing him to be hurled over the handlebars; he spent 3½ months in hospital. In a race with 200 cyclists, his accident was one of a dozen that day. No statement of defence has been filed, although organizers say the route will be altered for next month’s race.

Nova Scotia: A Halifax gambler who voluntarily signed an agreement banning him from the premises of Casino Nova Scotia is suing the establishment for $61,000 for allegedly allowing him to return repeatedly, even more than once a day, with access to the “high-rollers” area and free alcohol. No defence has been filed by the company that owns the casino, Great Canadian Gaming Corporation, which is facing similar lawsuits in British Columbia.




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