Judge wants time frame set for expert report in moose-accident lawsuit

Rosie
Rosie Gillingham
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A Newfoundland and Labrador Supreme Court judge hearing a class-action lawsuit has insisted the provincial government’s lawyer find out by today when an expert report will be ready.

The lawsuit is against the provincial government by victims of moose-vehicle accidents.

The plaintiffs want compensation for injuries, to have fences erected in problem areas along highways in the province and an overall reduction in moose-vehicle collisions.

The trial is scheduled to begin Jan. 13, 2014, with Premier Kathy Dunderdale on the list of witnesses to testify.

However, the government’s counsel requested Wednesday to have the case delayed.

Justice Valerie Marshall was expected to render her decision on the delay on Thursday.

But when the case was called in court Thursday, Peter Ralph, a civil solicitor with the Department of Justice, told  Marshall that it was still unclear when an expert report would be ready.

Marshall told Ralph the report must be presented to the court by today. She will then make her decision regarding the request for a delay.

Marshall had said Wednesday that an expert opinion was required by each member in the class action “in order for the limitation period in negligence to commence running.”

Allowing expert evidence was key in the plaintiffs’ case as it means plaintiff participation can cover a 10-year period instead of a two-year one as was requested by the defendant in the case, the provincial government.

St. John’s lawyer Ches Crosbie had argued that plaintiffs could not have been aware of the true value of their claims against the province without consulting a wildlife collision expert.

He also claimed it was not feasible for an individual to pursue legal action.

Organizations: Department of Justice

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  • Dolf
    December 13, 2013 - 07:06

    I don't know why the government is even entertaining this stupid case. People just drive too fast for conditions. I don't drive the Outer Ring at nite very often but when I do, I cut my speed especially when it's foggy or raining. Vehicles pass me like I'm stopped. I should pay for such stupidity? I don't think so kokki.