The City of Whitehorse is asking the Supreme Court of Yukon to dismiss a class action lawsuit filed on behalf of Whitehorse residents with mobility issues.
The lawsuit, initially filed on Sept. 9, alleged the city had breached rights guaranteed by the Charter of Rights and Freedoms with their policies, actions and operations regarding snow and ice removal, accessible parking spaces and city transit stops. Plaintiffs Ramesh Ferris and Eva von Flotow are seeking damages from the city, which would also be distributed to members of the class action, according to the statement of claim.
The city’s response to the lawsuit was filed with the courts on Oct. 28. In the statement of defence, the city denies breaching the plaintiffs’ Charter rights.
In the response, the city also denied that the plaintiffs, and class action members suffered physical, emotional and psychological harm due to the city’s policies, actions or inactions.
The city argues they are not liable to the plaintiffs, and the Court should not order any remedy in favour of the plaintiffs or proposed class action members. Whitehorse's response specifically said the plaintiffs’ statement of claim is time-barred, in that the plaintiffs haven’t established the cause of action arose within the previous 12 months before the statement of claim was filed.
The response cites section 361 of the Municipal Act, which says that all actions against a municipality must be commenced within 12 months after the cause for the action first arose, with few exceptions. It further draws on section 362 of the Municipal Act which says that in an action against a municipality for loss or damages because of a municipality’s failure to maintain a highway or public facility, the person launching the action must notify the chief administrative officer of the municipality in writing within 21 days of the event occurring.
The city said the plaintiffs haven’t established they gave notice to the chief administrative officer within 21 days of the event occurring. For its part, the city said its chief administrative officer did not receive any notice in writing of any event upon which the statement of claim is based.
The city’s statement of defence also says the court is not the appropriate place for the plaintiffs’ claims because the claims are effectively claims for discrimination, and that the proceeding is “an abuse of process.”
Contact Talar Stockton at talar.stockton@yukon-news.com
