The plaintiff sought to certify a class proceeding against the City of Ottawa arising from a deadly bus accident at Westboro Station.
The proposed action was structured to plead systemic negligence in transit design and operation while avoiding claims against the city as the owner of the vehicle and employer of the driver.
The court dismissed the certification motion, finding that the proposed class proceeding was not the preferable procedure, as it ignored readily available compensation under the motor vehicle insurance regime and numerous individual actions had already been commenced.
