Five Westboro bus crash lawsuits against the city can move forward after the class action is denied

A proposed class action lawsuit against the City of Ottawa, which failed to gain certification after years of appeals, can now proceed as an individual case, along with four new claims related to a fatal 2019 bus crash, a Supreme Court judge has ruled judged.

It’s been six years since an OC Transpo double-decker bus crashed into a shelter canopy at the Westboro station on January 11, 2019, killing three people and injuring dozens of others.

So far, the city and its insurers have paid out a combined $29.4 million in 24 settlements related to the crash. Eleven claims remain, the city said Wednesday.

The statute of limitations for filing a lawsuit expired years ago, but Judge Calum MacLeod ruled last week that five individual lawsuits can proceed despite the passage of time. That’s because their allegations were included in the originally proposed class action — and because the legal clock stopped for more than four years as it moved through the courts on appeal.

Marcel Pinon was the lead plaintiff in the proposed $60 million class action, which was notified just six days after the crash.

He was sitting on the ground floor of the double-decker bus when it crashed and was thrown from his seat, according to the claim. It is alleged he suffered physical and psychological injuries, including increased anxiety and difficulty sleeping.

Certification was denied for the first time in 2021

Certification of the proposed class action was first refused in January 2021. Pinon and Merchant Law Group – the firm that handled the case – appealed the decision to the Divisional Court, then to the Court of Appeal for Ontario and finally to the Supreme Court, which dismissed the case. good in March 2023.

The main reason the class action was dismissed was the “oddity” of specifically suing the city for alleged systemic negligence, including road design, bus station design, vehicle design and road repairs, according to MacLeod’s decision of October 21.

Plaintiffs and counsel did not address the more typical car accident aspects of the case, including the city’s liability as the owner of the crashed bus, or the liability of Aissatou Diallo as the driver of the bus.

Now they are changing course.

The city “expresses some outrage” that they are prosecuting operator negligence and direct negligence after steadfastly pursuing the systemic negligence angle all the way to the Supreme Court, MacLeod wrote.

“This is undoubtedly frustrating,” but it will not deter the plaintiffs from re-litigating. There is also no evidence of abuse of process, MacLeod added.

4 new suits ask $4 million

The four new lawsuits were filed last year.

Julie Carswell is suing the city for $1.25 million. She sat on the right side of the upper deck, directly behind her friend who she said was in the front row.

Carswell was thrown from her seat in the crash. When she looked up, everyone in the front row had disappeared, including her friend. As she helped move people out of the hole in the front of the bus, she looked out and saw her friend and other victims lying on the ground. (Her friend survived, but had still not returned to work as of July 2023.)

Two days later, Carswell was diagnosed with concussion, whiplash and symptoms of trauma and PTSD, according to her claim. She had applied for a promotion, but when she returned to work and started training for the new job, she realized she could no longer do that because it was too stimulating. Instead, she accepted a demotion, her claim states.

In a statement of defense, the city admits that the accident was caused by careless use of the bus, but denies all other allegations of negligence, fault, neglect of duty and liability.

The city denies that Carswell suffered any injuries or damages, and that its personal injury claims are “excessive or exaggerated,” or caused or caused by a pre-existing condition or injury.

WATCH / Reporter Kristy Nease explains the story:

Five lawsuits related to the Westboro bus crash can proceed, the judge rules

After years of appeals, a Supreme Court judge has ruled that a proposed class action lawsuit against the City of Ottawa, which has been denied certification, can proceed as an individual case, along with four new claims related to the 2019 bus crash on the Westboro station.

The municipality respects the court’s ruling

Kael Grant, Sylvia Collins, Tin Bui and their families have each sued for $900,000.

Like Carswell, Grant sat on the right side of the upper deck. He suffered a serious knee injury that is expected to cause lasting pain despite continued treatment, according to his claim.

Grant was also diagnosed with PTSD. He, his wife and children claim that his high levels of anxiety and pain have affected his ability to parent and progress in his career.

Bui was also on the bus, but his claim does not indicate where. He suffered a serious ankle injury for which he continues to require treatment and which his doctors say will last a lifetime, according to the claim. He was later diagnosed with depression and suffers from debilitating anxiety attacks and flashbacks that affect his ability to parent and progress at work, the claim says.

Collins was standing on the ground floor next to the driver when the accident happened. She suffered a serious knee injury and had to walk with a cane until December 2020, according to her claim.

“Given her proximity to the front of the bus, (she) had a clear view of the events leading up to the accident and the traumatic aftermath, including the ejection and death of those who lost their lives after being thrown from the bus the police said. Collins’ claim goes.

According to the claim, she was diagnosed with PTSD and was unable to properly care for herself, resulting in a throat infection that required a week-long stay in the intensive care unit, followed by months of bed rest.

The city has not yet filed any defenses in the Grant, Collins, Bui and Pinon lawsuits.

In an emailed statement, Interim City Attorney Stuart Huxley said the city respects MacLeod’s decision, allowing the lawsuits to move forward, and cannot comment further because the cases are ongoing.

Merchant Law Group did not respond to requests for comment.