Quote:
Originally Posted by mykalberta
Would this suit have any merrit at all?
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Hard to say. Lots of government agencies (namely police and fire) have certain immunities to lawsuits while acting in accordance with their duties. However, those immunities have limitations - for example, gross negligence or intentional acts.
I'm not super-clear on the facts/causes of action alleged by the plaintiff in this case, but I would imagine he has a pretty big hurdle to clear to prove that search and rescue's actions departed so far from what's "normal" or "acceptable" that they were grossly negligent.
This case settles, I'm sure, which is unfortunate because it would be a great case to set precedence on, beyond fire and police. The BC gov't should have taken a stand early - not just to deter others from taking similar actions, but to allow search and rescue to continue... you know... searching and rescuing.
Damn French.
