A former Metro Transit driver who claims his eyesight is as good as Wayne Gretzky's is going to have to prove it as part of a lawsuit against the Halifax Regional Municipality.
David Evans Gault was driving a bus on a harbour bridge in May of 2011 when it came to an abrupt stop near the toll booths.
Aisha Marie O'Brien was a passenger and claims she was injured. She is suing the HRM and the Halifax-Dartmouth Bridge Commission.
At an earlier stage of the case, Gault said he has above-average peripheral vision, “like Wayne Gretzky’s.” The hockey star was famous for his ability to see the game from multiple angles.
Gault told the court he had the ability to respond simultaneously to traffic events beside him and in front of him.
Must produce optometry records
As part of her lawsuit, O'Brien asked to see Gault's driver training, performance evaluations and employment records — including his optometry records.
Because he made that claim, Justice Heather Robertson ruled all his records are relevant to O'Brien's lawsuit.
“I do not accept HRM’s argument that the production of these documents will be of little probative value and are not relevant,” she wrote. “I find that ... the plaintiff’s request for documents are relevant and order their production.”
The decision released this week was made over the objections of city lawyers, who questioned the relevance of the records.