Payoff unlikely in Greyhound lawsuit, changes possible: expert
Last Updated: Wednesday, September 3, 2008 | 9:48 AM CT
CBC News
Dawn breaks over the Greyhound bus near Portage la Prairie, Man., on July 31, the morning after Tim McLean, 22, was killed. (CBC)A legal expert says a lawsuit filed by the family of Tim McLean, who was brutally killed on a Greyhound Bus in Manitoba in July, may force policy changes, but it's unlikely to garner much in the way of financial compensation.
In the lawsuit filed Wednesday, the McLean family names the suspect in McLean's killing, Vince Weiguang Li, as well as Greyhound Canada, the federal ministries of Public Safety and Transportation, and the RCMP.
The family is seeking about $150,000 in damages, which would be distributed among 11 members of McLean's family.
J.J. Camp, a Vancouver lawyer who specializes in personal injury claims, said suing the federal government — and in particular the RCMP — likely won't result in much financial compensation for the McLean family.
"That portion of the lawsuit, in my estimation, would not likely generate further damages per se, but it could expose frailties or weaknesses in the policing and the enforcement," he said.
'Not about money'
Lawyers for the family said the lawsuit is about forcing policy changes, not about financial gain.
"There's no security in place," said Jay Prober, one of the lawyers for the family. "It's not about money. It's about accountability. It's about responsibility. It's about ensuring that they get answers to questions that they haven't been getting answers to."
Prober said the federal agencies have failed to regulate safety on buses, and it's a socio-economic issue.
"It's people often who can't afford to take a plane, who can't afford to take the train, who can't afford to buy a car or pay for the gas nowadays, that take a bus. And why should they be discriminated against?" he said.
"The government of Canada has a duty and obligation to make sure that everyone who travels — be that on a bus, on a train, on an airplane — should be afforded the same safety and security," added Norm Boudreau, Prober's legal colleague on the suit.
The lawyers said they hope the suit will force Greyhound to implement a safety plan, and force the government to hold the company to it.
The lawsuit also alleges that the RCMP failed to properly carry out its duties and failed to remove the suspect from the bus, thereby allegedly allowing him to "defile" the body of the deceased. It goes on to say the RCMP failed to adhere to proper arrest procedures by failing to take any measures to remove the suspect from the bus.
None of the allegations in the lawsuit has been proven in court and a statement of defence has not yet been filed.
A Greyhound spokeswoman declined to comment on the suit.
"We believe this was a very unfortunate and tragic occurrence," said Abby Wambaugh said from Greyhound's headquarters in Dallas. "But beyond that I can't address any type of pending litigation."
Li, 40, has been charged with second-degree murder in connection with the killing, which took place on a Greyhound bus just west of Portage La Prairie, Man., on July 30.
The Edmonton man is accused of first stabbing, then mutilating the body of McLean, a 22-year-old Winnipeg man who had been returning home after working at a carnival in Edmonton.
Li is expected to make another court appearance Sept. 8 on a charge of second-degree murder. At his last court appearance, he was ordered by a judge to undergo a psychiatric assessment.
With files from the Canadian Press
