Man files countersuit against trespasser

EDMONTON• Edouard Maurice, the Okotoks, Alta., man being sued by a trespasser who was hit with a ricocheted bullet that was fired in warning, has filed court documents denying responsibility for the man’s injuries.

In turn, Maurice has filed a counterclaim, saying the mental anguish and trauma of the incident has harmed his family.

The document, filed in a Calgary court on Tuesday, comes about a month after Ryan Watson filed a lawsuit against Maurice, claiming post-traumatic stress disorder and lingering pain from the .22-calibre bullet that hit him in the arm.

“Mr. Maurice suffered from mental distress, anxiety, nightmares and a fear of repetition,” says the counterclaim. “Given that he lives in a rural community, he continues to worry for the safety of his wife and two infant daughters.”

The countersuit says his family has suffered from anxiety and fear; and that his wife, Jessica, suffered a miscarriage following the events of that night.

Maurice is suing Watson for $150,000, claiming that they lost four months of “potential profits” from a planned expansion of a dog daycare that Jessica Maurice operates in Okotoks and Edouard Maurice says he missed work as a machinist because of the mental anguish and court dates answering criminal charges. The Maurices declined to be interviewed on Tuesday.

The lawsuit against Maurice, filed and first reported by the National Post last month, spurred an outpouring of support for the family. Alberta Premier Jason Kenney donated money to the legal fund, saying it was “a sign of personal compassion,” and that fundraiser has surpassed $50,000.

The lawsuit and counterclaim date back to the early hours of Maurice’s birthday in February 2018, when he was home alone with one of his children. Maurice heard dogs barking and noise from the yard. He looked outside and saw people rummaging through his vehicles.

He retrieved his .22-calibre rifle and went outside, demanding the people leave his property.

When they did not, he fired a warning shot into the ground in front of the vehicles, the documents say. The trespassers, who were inside the vehicles at the time, did not leave, according to the statement of defence.

He fired a second warning shot — this time in between the two vehicles, the court documents say. It was at that point the two fled.

In his $100,000 suit against Maurice, Watson alleges this warning shot was negligent, with no lookout, no “reasonable consideration” for Watson being in the yard.