Family and victims of West Nile virus cannot sue the Ontario government for failing to prevent its spread, the province's highest court ruled Friday.
In its ruling, the Ontario Court of Appeal said the provincial government could not have been expected to prevent an individual from contracting the disease.
“It is plain and obvious on the facts that have been pleaded that Ontario does not owe a private law duty of care to individuals to prevent the spread of (West Nile virus),” the Appeal Court ruled.
“The statement of claim should be struck.”
The ruling scuttles plans for a class-action suit launched by more than 40 families and victims of West Nile against the province.
Pat Anweiler, a Toronto nurse who uses a wheelchair for mobility because of an infection, said she was “distressed” that victims may now never have their day in court.
Can't tragedy be just that, and nothing more. Contacting a lawyer has almost become an involuntary response in the aftermath of any misfortune. Insurance costs soar, as everyone tries to innoculate themselves from liability. We search for perfection from people, but we know that the real world possesses no such quality. Could the government have done a better job making people aware of West Nile? Probably, but let the person who is infallible be the first to criticize. When tragedies occur, all I demand is a certain level of competence and an openness to do things better the next time. I don't demand the government hover over me and protect me from everything that might harm me.
Fear of liability has become a liability. On a personal note, I know first-hand that Canada's ability to respond to a bird flu epidemic will be weakened because the people on the frontlines are paralyzed by fear- no one wants to be the lighting rod. Practically, this means certain measures are ignored because you effectively stick your neck out, with the full knowledge that the blame game will be the final result. We are creating a society where people waste precious energy calculating the risk factors and liability, when they should simple plot the best course.
If I walk into city hall on a snowy day and slip because the floor was slippery, the real culprit is mother nature, not necessarily some lazy staffer who didn't react with lightning speed to protect the population from the horror of a wet floor. Sometimes people are to blame (i.e Walkerton), but often time competent people are ruined because we need a villian to counter the "victim". The government of Ontario is not to blame for a mosquito spreading a deadly virus, especially in the early stages of understanding. Could we have done more? Ask yourself that question to yourself everyday single day, and let me know the answer. Why do we hold OTHER people to the unrealistic level of perfection, when we know full well that our lives are riddled with flaws. Oh ya, and quit clogging up our court system with all these suits, while pedophiles walk free because of delays. Life and tragedy are the same entity, and the constant search for scapegoat is getting old IMHO. I'm going to walk my dog now, and everyone better hope that there isn't a crack in the sidewalk, because if there is and I fall and crack my collarbone, someone is going down.
2 comments:
Wow Steve,
Great post and I have nothing to add (for once.)
olaf
Thanks for reading my tirade :)
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