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- Parties: The plaintiffs were Russell Paterson, as Administrator of the Estate of Sharron Paterson, Deceased, and Russell Paterson. The defendants were Evelyn Walker, Edward Walker, Michael Walker, Victor Walker, David Walker, Daniel Walker, Director of Parks and Natural Areas, and the Government of Manitoba.
- Subject Matter: The plaintiffs’ action against the Director of Parks and Natural Areas and the Government of Manitoba related to the development of a leasehold lot. In the bifurcated proceedings, the second hearing addressed the private law remedies raised by the plaintiffs against the government defendants, which included the government defendants’ alleged negligence relating to their various decisions and actions/inactions in connection with the development of the lot and the plaintiffs’ alleged entitlement to damages. Russell Paterson alleged that the government defendants’ conduct drove him crazy and impacted his ability to sleep.
- Ruling: The court ruled in the defendants’ favour and dismissed the plaintiffs’ claim. The court accepted that the plaintiffs were justified in being upset and frustrated with the defendants’ behaviour and/or conduct. However, the court held that the plaintiffs failed to establish that the government defendants’ actions and/or inactions caused them serious psychological or emotional harm to the point of impairment of their cognitive functions and participation in daily activities.
- Date: The court released its decision on Jan. 30, 2025.
- Venue: This was a case before the Court of King's Bench of Manitoba.
- Amount: The court ordered each party to bear their own costs in the matter.
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Plaintiff
Defendant
Court
Court of King's Bench ManitobaCase Number
CI 13-01-85087Practice Area
Tort lawAmount
Not specified/UnspecifiedWinner
DefendantTrial Start Date