Names back on WCB blast suit
Court of Appeal says no to dropping three names

by P.J. Harston
Northern News Services

NNSL (DEC 04/96) - The territorial Court of Appeal last week put labor leader Jim Evoy, former cabinet minister Tony Whitford and former chief mine inspector Dave Turner back on an ongoing lawsuit.

The suit was brought against a number of individuals and the territorial government by the Workers Compensation Board on behalf of the families of nine men killed in the Sept. 18, 1992 bombing at the strikebound Giant gold mine.

Late last April the trio was successful in having the Supreme Court strike all three names from the suit that asks for $34 million in damages.

In his ruling at the time, Justice John Vertes said the statement of claim didn't disclose any cause of action involving Evoy, Whitford or Turner.

However, the Court of Appeal saw things differently.

In its ruling, the court said, "doubtless these defendants who moved wish to get out of a long expensive lawsuit.... However, the expense and inconvenience of defending a complicated suit is not a sound ground to strike out a pleading, particularly if the plaintiff was seriously harmed."

Further, the court -- composed of three justices -- said that at times a person might have influence over another without any formal relationship.

The civil case has been ongoing since September, 1994 and has already produced a barrage of paperwork that already fills several large cardboard boxes.