The City of Whitehorse is asking for a proposed class-action lawsuit over its alleged failure to ensure sidewalks, parking stalls and transit stops are accessible — particularly in the winter — to be tossed.
In a statement of defence filed to the Yukon Supreme Court on Oct. 28, the city argues, among other things, that the case doesn’t comply with territorial law, is an “abuse of process” and that allegations that it hasn’t complied with its own snow and ice removal rules are baseless.
“In any event, the City owes no legal or other duty to any party to enforce its bylaws or policies,” the document says.
The defence comes in response to a statement of claim filedagainst the city by two Whitehorse residents in September. Ramesh Ferris and Eva Von Flotow, who both have mobility issues, allege that their ability to get around and participate in society has been seriously impeded by the city’s actions or lack thereof, particularly …