Tort Tuesday: Blame game over deadly Ottawa bus crash

Six people died after a Via rail train and OC Transpo bus collided in Ottawa in 2013.

The city of Ottawa is deflecting blame toward VIA rail, saying it’s the carrier’s negligence that caused a fatal train collision.

The city is combating two lawsuits filed by family members of two victims of a 2013 crash that killed six people.

A Transportation Safety Board Inquiry concluded that the city bus was speeding when it approached a level crossing near Fallowfield station and collided with a train.

Ottawa retorts the train was speeding, failed to activate lights or signals at the crossing, and didn’t properly activate its brakes.

Overall, 12 plaintiffs are suing the city for a total $12.75 million.

Residential school ‘day scholars’ lawsuit a go

Hundreds of First Nations people ineligible for compensation over residential school abuses have a green light to sue the federal government.

A Federal Court certified a class action from former students who attended the notorious schools by day, but didn’t live there.

These so-called “day scholars” attended the same schools where untold numbers of kids endured physical, sexual, and emotional abuse as part of Canada’s infamous residential school program — since declared a “cultural genocide” — but were excluded from any monetary compensation for their suffering.

The legal action launched by the Tk'emlups and Sechelt bands seeks compensation for victims, their children and the bands themselves, as well as “declarations regarding Canada’s role in the failure to protect Aboriginal language and culture.”

So far, at least 300 surviving day scholars have been identified.

CFL faces concussion suit

Two ex-CFL players are suing the Canadian Football League for a whopping $200 million, alleging the league knowingly withheld data on brain trauma and long-term injury.

The lawsuit, filed by former players Korey Banks and Eric "The Flea" Allen, is a class action on behalf of all retired CFLers since 1952.

“The defendants and their agents knew or ought to have known that multiple sub-concussive and concussive blows to the head lead to long-term brain injury,” the lawsuit says. “The defendants knew that football players should stop playing football after receiving their third concussion.”

It says CFL officials refused to allow independent medical assessments of injured players and also cut benefits to those with head injuries.

Players don’t qualify for worker’s compensation benefits and, since many only live here for the season, are ineligible for provincial medical care.

The NFL has faced plenty of its own legal headaches over concussions, including a potential $1 billion lawsuit.

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