Top court refuses to hear in-line skating case
Clients closer to a settlement with city, says lawyer
The Supreme Court of Canada has refused to hear the City of Calgary’s appeal of a lawsuit won by two injured in-line skaters who crashed on a public path.
In two separate incidents in May and August 2002, Jim Christensen and Stephen Neil Gaston were hurt while skating on a steep hill on a Glenmore Park path that leads into the Weaselhead natural area.
Christensen, an average in-line skater, was unable to negotiate a curve at the bottom of the hill. Gaston, an average to above-average skater, dropped to the ground to stop his forward motion and struck a metal pole.
Both skaters suffered multiple broken bones.
The lawyer who represents both men said the Supreme Court’s decision means his clients are closer to a settlement with the city.
“I feel pretty good about it and my clients do as well. That brings to a resolution the fault-finding side of this case. We now have to deal with what the cases are both worth,” said lawyer Richard Mcrae.
“It’s possible in the next few months we’ll be able to have a discussion and hopefully come to a meeting of the minds, and settle the claims. If not, we’ll have to set up two new trials.”
Both men suffered “significant orthopedic injuries,” he said.
“One has ongoing problems and it continues to impede him financially.”
“We’re going to have to do the math, and do the figuring out and figure out what ultimately a judge could award and settle on a basis of a range.”
During the initial trial, the judge found that the hill was not reasonably safe, that there was a foreseeable risk of harm to in-line skaters, and that the city didn’t do enough to make the path safe for skaters.
Last year, the city reviewed the safety of its entire 700-kilometre paved pedestrian pathway system.
“We looked at everything on, in and around the pathway from a safety perspective,” said pathway lead Duane Sutherland.
Now, the city has started bringing the aging system up to current standards.
The city approved $2 million over the next three years to improve high-priority areas. More signage, wider pathways, hills, blind corners, trees and encroaching vegetation, and intersection design are being addressed.
Some pathways may be widened to accommodate modern child strollers and trailers being used.
“I think the public’s going to be pleased with what they see going on out there this year,” said Sutherland.