Lawsuit Against Calgary Can Proceed
Posted: Wednesday, October 1st, 2008 at 2:47 pm
According to recent reports a lawsuit that was filed against the city of Calgary four years ago has been given the go ahead to proceed by the Alberta Court of Appeal. The lawsuit was filed following the serious injury of a young boy following a car crash.
The lawsuit originally sought around sixteen million dollars in damages after seven year old Brenden Steele suffered serious injuries. The city was blamed for failing to erect for failing to put up proper road signs. However, last October the lawsuit was dismissed because Court of Queen’s Bench Justice Karen Horner said that the city was immune from civil prosecution under the Municipal Government Act.
However, the Court of Appeals said that the immunity may not apply in this case. In a report the court stated: “It is not clear, or beyond question to us, that the immunity under (the act) arises in all cases where there is an absence of signage, if that absence is determined to arise from a failure to implement a policy decision.”
The appeal judges also stated: “The appellants submit that the City was required to put up a playground zone sign and failed to do so.” Steele’s mother was driving one of the vehicles involved in the accident, and is also named as a defendant.
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