Province wants two-year limit, lawyer Ches Crosbie to argue for 10-year period
St. John’s lawyer Ches Crosbie will be presenting arguments in court Monday against a provincial government motion to limit plaintiffs in a class action lawsuit over moose-vehicle collisions to a two-year period.
Crosbie said in a news release government’s motion, if approved, would bar representative Ben Bellows, who was rendered quadriplegic during his moose-vehicle collision in 2003, as well as many other class members.
“Government will be arguing to reduce the class period to a two-year limitation period. This way, people included in the class action would be limited to those whose moose-vehicle collisions happened in the two-year time period before the class action was filed,” Crosbie said.
Crosbie will be arguing that the negligence of government “was not reasonably discoverable in that two-year time period and the class period should be 10 years.”
If government’s motion is approved, he said it will remove all class members whose accidents occurred earlier than January 5th, 2009.
The court hearing starts 10 a.m. Monday at Newfoundland Supreme Court Trial Division in St. John’s.
Crosbie has also scheduled a news conference for Tuesday morning at 10 a.m. to discuss the issue with reporters and upcoming January trial.