If you’re a Canadian class action lawyer looking for next big thing in class actions, moose collision litigation was looking pretty promising. As mentioned in this October 19 CAB entry, a class action was filed against the Province of Newfoundland and Labrador for alleged negligence in introducing moose into the area early last century, causing an excessive number of collisions with vehicles today.
But according to an article today by Gavin Day, posted on the website of Dawson Creek, B.C. radio station 890CJDC, the trend isn’t likely to catch on in British Columbia. The article points out that unlike in Eastern Canada, Moose are indigenous to B.C. And don’t think changing the theory from negligent introduction to negligent population control of the moose already present is likely to work. Day’s article quotes Gayle Hesse of the B.C. Wildlife Collision Prevention Program as saying ”I think there are legal precedents already set for that [referring to prohibiting litigation against the government for failing to control moose population] in our province.” Apparently B.C. courts have already considered the cutting-edge question of moose collision litigation and said, no thank you.
Presumably, there’s still hope in Manitoba, home of moose so vicious that they have become the mascot of a rough and tumble minor hockey league club: