Lawsuit filed against dead man’s estate after fatal Stoney Lake boat crash

A civil lawsuit has been filed against the estate of Neil Borgatti. The Mississauga resident died in a boat crash on Stoney Lake in the summer of 2019.

The crash also killed Borgatti’s friend and injured four others, including another passenger in Borgatti’s boat, and three occupants of another boat involved in the fatal collision.

The crash happened on Stoney Lake on Aug. 24 around 9:15 p.m. when Borgatti’s Triton RT21 boat, powered by a 225 horsepower outboard engine, allegedly crashed into a 2009 Bass Tracker fishing boat operated by Kevin Koch.

According to the statement of claim, Koch had just picked up two friends at their cottage and drove the boat in a southerly direction exiting Young’s Bay when Borgatti’s boat entered Young’s Bay through the narrow channel between the mainland and Simpson Island, and crashed into the fishing boat.

One of the passengers, Damian De La Guardia, is seeking $200,000 in general damages, $100,000 in special damages and $100,000 in punitive and aggravated damages.

According to the statement of claim, filed by Peterborough lawyer Jeffrey Ayotte on Nov. 2 in the Superior Court of Justice, the crash was allegedly caused by Borgatti’s negligence. The claim, which contains allegations not proven in court, states Borgatti was operating the boat under the influence of alcohol and/or nonprescribed drugs.

The defendant or acting lawyer has 20 days to file a statement of defence or can file an intent to defend form, which allows 10 more days within which to file a statement of defence.

Further, it alleges the boat was travelling at an excessively high rate of speed at night with no lights on at the time of the crash. “The manner in which Mr. Borgatti was operating the Borgatti boat represents wanton and callous disregard for others,” the claim alleges.