Dawn Ostrem
Northern News Services

Yellowknife (July 13/01) - A former replacement worker and wives of the deceased miners carry on with civil suits.

A long-running lawsuit filed because of the psychological trauma suffered by a replacement worker during the Giant Mine disaster will be addressed in Supreme Court on Sept. 24.

Although trials in the suits filed on behalf of Jim O'Neil and wives of the deceased miners may still be years away, elements of both of them will be dealt with this fall.

"It's a complex matter," said a lawyer for the Workers' Compensation Board on behalf of O'Neil, who is suing a list of 28 defendants, including then mine owner Margaret Witte, miner Roger Warren, Pinkerton Security, public representatives and several union members who were locked out at the time of the strike in 1992.

Jim Redmond said from his firm in Edmonton that the application is to determine whether some of the witnesses are required to answer certain questions.

The WCB is behind both suits in order to recover compensation they paid to the deceased miners' wives and O'Neil, who is suffering from post-traumatic stress disorder and now lives in Vancouver.

The compensations stem from the 1992 explosion that killed nine replacement workers during the strike.

Warren was convicted of murder in the deaths, but the lawsuit alleges that all the defendants' negligence caused the tragedy.

O'Neil, a former picket captain for the strikers, returned to work as a replacement worker and was one of the first on the scene after the tragedy.

"The plaintiff states that the conduct of the defendants and each of them was so shocking, malicious, high-handed, offensive to reasonable standards of morality and reprehensive that it is deserving of sanction," outlined the statement of claim in the suit.

"The plaintiff ... observed first-hand the resulting carnage and destruction and the dismembered bodies of the deceased miners."

The document outlined that O'Neil is now unable to work, suffers from depression, nightmares, anxiety, survivor's guilt, visions of the aftermath of the explosion and has suicidal tendencies.

The WCB is suing on his behalf for at least $1.98 million. If the suit is successful, the board is compensated and legal fees paid, O'Neil will receive the remainder of payment for personal damages.

Redmond would not guess on how long it would take to go to trial, if there is no out-of-court settlement, but suggested it could be complete in a year.

"There are a lot of parties, facts and documents involved," he said. "We are still in the stage of examinations of witnesses before trial."

The statement of claim -- outlining the claims made by O'Neil and the WCB -- was filed on Apr. 22, 1997.

The Supreme Court has also set aside Sept. 24 to proceed with the lawsuit filed by the WCB on behalf of the widows of the murdered miners. It is being handled by a different southern law firm.

The defendants in that suits are similar to those in O'Neil's.