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Archive for October 19th, 2010

According to this article from The Canadian Press and this one from the Ottawa Citizen, a lawyer in St. Johns, Newfoundland is considering suing the Province of Newfoundland and Labrador on behalf of a would-be class of people injured in collisions with moose.  The theory would apparently be that the government was negligent in introducing moose into the nearly area a century ago, and that it was foreseeable that the introduction of the animals would lead to collisions with Hummers and Silverados.  The human-to-moose ratio in the province is just over 4 to 1.

Not being an expert on the finer points of Newfoundlandian (Newfoundlandish?) law, I cannot comment on the strengths or weaknesses of this case if it does go forward.  However, if the obvious defense strategies, like sovereign immunity, lack of proximate cause, or “come on Judge, you’ve got to be kidding me” don’t work, here’s a more radical possible defense: blame the moose.  After all, if they would just stop procreating, stick to the marshes, or use the crosswalks, then none of this would be happening.

For a more serious comparative discussion of the differences between Canadian and U.S. law regarding governmental liability for tort claims, see this CAB entry dated October 6, 2008.

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