![]() "You sweep with a broad brush to begin with." "Generally speaking, the way plaintiffs usually start off is with a cause of action to include everybody except Santa Claus in the possible defendants," she said. ![]() 'Sweep with a broad brush'ĭenise Reaume, professor of law at the University of Toronto, said it's not unusual for defendants to be dropped as a lawsuit moves through the courts. The federal government never filed a statement of defence. None of the allegations has been proven in court. The lawsuits filed by passengers Tucker and Shaw in 2011 have not only dropped the RCMP, but have crossed out a section that alleged Canada "failed to ensure the safety of passengers on board buses travelling between provinces" and "failed to assure that Canada's transportation system meets the highest practicable safety and security standards." "The defendant Canada knew or ought to have known that the industry on its own, specifically the defendant Greyhound, had not taken measures to create a safe, secure system for inter-city bus travel." "It knew or ought to have known that the deceased, Tim McLean Jr., was at risk or harm from attack at any time and that irreparable harm did in fact occur," said the lawsuit. It also argued that the government knew or should have known about previous violence on board Greyhound buses and failed to put safeguards in place. ![]() (John Woods/Canadian Press)The original statement of claim filed by McLean's father alleged the government of Canada was liable because it is responsible for national transportation security. RCMP officers investigate the killing of Tim McLean, 22, onboard a Greyhound bus in Manitoba on July 30, 2008. The lawsuit against Greyhound and Li is proceeding, but has been delayed because the lawyer representing the bus company has just been appointed a federal judge, Prober said. "We were concerned that it wasn't a strong enough case," Prober said. Lawyer Jay Prober, who represents Tim McLean Sr., said the government was dropped from his client's lawsuit because there were concerns it wouldn't stand up in court. ![]()
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