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“Due to the city’s deliberate approach to the other claims and the class plaintiff’s desire to make sweeping allegations of systematic negligence, the court found that the class action lawsuit had virtually no benefit,” White wrote.
“In this context, the court stated that ‘(C) lass procedures must not be used to unnecessarily fill tragic accidents in public glasses.'”
The plaintiff has until April 23 to either convert the lawsuit to individual lawsuits or to amend the lawsuit and renew efforts to be certified as a class action, White wrote.
A class action can be brought by one person on behalf of another person (called a class) who has suffered similar harm. A judge must decide whether to certify a case and accept it as a class action.
After the 2013 OC Transpo-VIA Rail crash, killing six bus passengers and injuring dozens more, the city faced 39 individual lawsuits seeking more than $ 26 million in damages. At the time of the Westboro crash, 35 of these lawsuits had been settled for $ 9.7 million.
With files by Andrew Duffy