A Department of Justice lawyer is seeking the dismissal of a Flin Flon man’s $36-million lawsuit against the federal government.
Ralph Laliberty, 20, claims the military failed to treat an ankle injury he suffered during an army cadet outing in southern Manitoba in 2011.
In January 2015, Laliberty filed a statement of claim in the Court of Queen’s Bench in Winnipeg. He sought $20 million in damages for negligence and breach of fiduciary duty, and another $16 million in punitive damages.
In a statement of defence filed on March 25, federal lawyer Joel Katz sought to poke holes in Laliberty’s claim and asked for the matter to be dismissed.
He wrote that Laliberty had until August 17, 2013 – six months after his 18th birthday – to pursue action related to alleged negligence. Laliberty’s claim was filed on January 7, 2015.
As such, “the plaintiff is out of time with respect to his claim for damages and the claim is therefore barred in its entirety,” wrote Katz.
“In view of the foregoing, the defendant submits that the plaintiff’s claim be dismissed with costs.”
The next step in the case is unclear, as a court spokesperson said that unlike criminal matters, civil matters are driven by the actions of the parties involved.
“There is no next date scheduled,” the spokesperson said this week.
In an interview with the Winnipeg Free Press earlier this year, Laliberty said he rolled his ankle in a rut while on a hike with fellow army cadets in Whiteshell Provincial Park in 2011.
Although he was in a lot of pain, he said the supervising officer told him he had to keep walking so they could make it to the bus on time.
Back at base camp, Laliberty said the officer in charge wrapped his ankle in a tensor bandage and declared he didn’t need further medical attention.
But when Laliberty attended the Flin Flon ER the next day, he was diagnosed with a severe sprain, put in a cast and told to use crutches for five weeks, the Free Press reported.
Laliberty said he was later diagnosed with complex regional pain syndrome, a chronic pain condition. He told the newspaper he is only able to work part-time and can’t afford proper treatment.
