A Flin Flon man has aborted his attempt to sue the federal government for $36 million.
Ralph Laliberty, 21, had claimed the Canadian military failed to treat an ankle injury he suffered during an army cadet outing in southern Manitoba five years ago.
Federal lawyer Joel Katz sought to poke holes in Laliberty’s claim and asked for the matter to be dismissed.
Katz got his way. In September 2015, under the media radar, Laliberty filed a Notice of Discontinuance in the case.
According to the document, a copy of which The Reminder obtained from the courts, Laliberty agreed to drop his statement of claim without any costs to himself or the federal government.
In a February 2015 interview with the Winnipeg Free Press, 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 a chronic pain condition. He told the newspaper he was only able to work part-time and couldn’t afford proper treatment.
Katz, the federal lawyer, countered in a court filing that Laliberty had until Aug. 17, 2013 – six months after his 18th birthday – to pursue action related to alleged negligence. Laliberty filed his claim in the Court of Queen’s Bench in Winnipeg on Jan. 7, 2015.
Laliberty had sought $20 million in damages for negligence and breach of fiduciary duty, and another $16 million in punitive damages.
