City liable in vicious 2007 CTrain attack

A Court of Queen’s Bench judge has found the City of Calgary is liable for the severe injuries a man sustained in an unprovoked attack at a southwest CTrain station more than a decade ago.

Kyle McAllister sued the city for damages after he was assaulted by two people on the Plus-15 that connects the Canyon Meadows CTrain station to the parkade.

The Jan. 1, 2007 assault resulted in a concussion and multiple broken bones and fractures to McAllister’s face. His cheeks and lower lip were cut, requiring 40 stitches, and he also suffered damage to his teeth.

At trial, lawyers representing McAllister argued that because the city was the occupier of the Plus15 where the nearly 20-minute attack occurred, it was responsible to ensure the area was reasonably safe to use.

It was alleged that, due to insufficient lighting, cameras, peace officers and surveillance video monitoring personnel, and the absence of a trespass ban or special events policy, the city failed to meet the standard of care owed. Therefore, this resulted in or contributed to the severity of the assault on McAllister.

The assault, which saw McAllister knocked unconscious and repeatedly kicked in the head while he was on the ground, went unnoticed by Calgary Transit staff monitoring video surveillance. It was only when McAllister’s father reported the incident two days later that Transit officials learned of the attack.

City lawyers argued the municipality didn’t have the level of control over the Plus-15 as defined by the Occupiers Liability Act.

Justice Johnna Kubik, in a written ruling issued Tuesday, found the city does occupy the Plus-15 in question and therefore has control over its condition and the activities conducted there, as well as who is allowed to be in the area.

If not for poor video surveillance and lighting, an insufficient number of people monitoring the videos and understaffing of peace officers, Kubik found the assault would have been stopped at an earlier stage, resulting in McAllister’s injuries being less severe.

“I find that the City failed to meet the standard of care of a municipality in providing a safe and secure transit environment, and therefore breached the duty of care owed to Kyle,” she wrote.

The trial was only to determine liability and no damages were awarded. McAllister’s assailants were both criminally convicted in separate proceedings.