No fault, no lawsuit, no money
NWT woman sued after accident in Quebec

by Chris Meyers Almey
Northern News Services

NNSL (June 13/97) - A former Fort Smith woman run over by her own truck has lost her bid to sue for damages.

Marjorie Ross suffered bodily injuries in a Quebec accident in 1994, when her four-wheel-drive Ford, which she bought in Hay River, rolled down a steep driveway. She claims the parking brake failed.

The door struck her and she was run over.

Ross was a triathlon athlete and a teacher. Her life has been completely changed as a result of the incident, according to her lawyer Paul Bolo.

Ross has been suing Ford Motor Company of Canada and Kingland Ford Mercury Sales Ltd. of Yellowknife and Hay River.

She was alleging negligence and a breach of warranty of fitness in the manufacture of the truck.

She was also alleging negligence and breach of contract by Kingland, not just as the seller of the vehicle, but also for failing to detect defects in the parking-brake system, after she complained about a problem.

In a written decision, Justice John Vertes of the NWT Supreme Court says the lawsuit was an abuse of legal process.

Vertes noted that Ross had launched a lawsuit against Ford in Quebec in 1995, even though she received a financial settlement for her injuries

"It is common ground that under Quebec law the plaintiff is precluded from bringing an action for damages," Vertes wrote.

He ruled Quebec law applied to the NWT case.