Lawyer Fumes Ruling Shields Negligent Public Officials

Posted on Sunday, November 05 at 14:10 by jensonj
"The risk of contracting disease spread by mosquitoes is one to which all who live in Ontario are exposed," Justice Robert Sharpe wrote on behalf of the three-judge panel. "It is not a risk that is created by the provincial government or that arises from the use of a public facility, such as a highway, provided by Ontario." The decision, which scuttles plans for more than 40 West Nile-related suits against the province by other families and victims, could also mean an end to class-actions arising out of the second SARS outbreak in Ontario in 2003. Pat Anweiler, a Toronto nurse who uses a wheelchair for mobility because of a West Nile infection, said she was "distressed" victims may now never get their day in court. "People need to remember that back in 2002, the government was not telling us how serious a threat West Nile Virus was and what we needed to do to protect ourselves," said Anweiler. "Had I known back then that I was in danger, I could have protected myself."


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