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Victims Of Moose Crashes Sue N.l. Government


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#1 Ian

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Posted 11 January 2011 - 09:17 AM

A St. John's lawyer has filed a class-action lawsuit claiming the Newfoundland and Labrador government is responsible for injuries and deaths cause by road collisions with moose.

Lawyer Ches Crosbie claims the province's failure to control the moose population is to blame for the more than 700 moose-vehicle accidents reported annually.

Moose are not native to the island of Newfoundland.

"Wildlife practices of the defendant have allowed the moose population on the Island to reach numbers in the range of 120,000 to 200,000 … multiplying the danger of moose collisions for users of the highways," says a statement of claim filed Monday.

Two men, Hugh George, 59, and Ben Bellows, 54, are named as representative claimants in the statement of claim, which has not been certified as a class action.

Both men now use wheelchairs because of the injuries they suffered when their vehicles collided with moose on Newfoundland roads.

"Government made a decision to bring this non-native invasive species here about a hundred years ago," the statement of claim says. "Government has also avoided taking responsibility for managing the hazard it created."

None of the allegations in the statement of claim have been tested in court.

Crosbie claims the government needs to take action to protect drivers by reducing the moose population.

Crosbie said he will hold a news conference about the lawsuit Tuesday morning.
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#2 Bob LeBlanc

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Posted 11 January 2011 - 10:04 AM

I've wondered, for a long time, when a law suit like this would be filed.

It will set a precedent, in Canadian Law, and if the plaintiff's are successful, it will have very far-reaching ramifications.

Bob :huh:
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#3 Huntwisely

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Posted 11 January 2011 - 10:46 AM

I've wondered, for a long time, when a law suit like this would be filed.

It will set a precedent, in Canadian Law, and if the plaintiff's are successful, it will have very far-reaching ramifications.

Bob :huh:


Same argument could be used for deer here in NS
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#4 Bob LeBlanc

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Posted 11 January 2011 - 11:36 AM

Yup... ;)
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#5 KPR

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Posted 11 January 2011 - 12:52 PM

Sounds Americanized to me.
Maybe they should sue the Govt for putting the hwy there instead.... :rolleyes:
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#6 Joyrider

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Posted 11 January 2011 - 01:46 PM

Maybe they'll make it easier (and cheaper!) for us to go over and get one...
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#7 ib_redbeard

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Posted 11 January 2011 - 04:16 PM

The moose in NFLD are here to stay, so what would the plantiffs want the gov't to do to protect drivers? Fences and culverts along the highway? Expensive and there is debate on if it would work. Cull the population? That won't go over well. I know, how about introducing wolves! :)
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#8 KEVIN

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Posted 11 January 2011 - 04:50 PM

EFFEN LAWYERS... <_< ..Should be an OPEN SEASON on em.. ;) ...NO BAG LIMIT EITHER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! <_< <_<
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#9 KPR

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Posted 11 January 2011 - 05:45 PM

I know, how about introducing wolves! :)


:lol: :lol: :lol:

When the Newf Bbears are done with the Caribou ...Moose will be next.
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#10 JohnHope

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Posted 11 January 2011 - 08:04 PM

No need to pick on the lawyers. They have feelings too. Allegedly.

I actually can understand the rationale behind the lawsuit. The government introduced moose to a controlled environment. They hold sole responsibility, and ability, to control the moose population. In the face of an increased number of car accidents, which is, allegedly, directly linked to increase in the moose population, the government has done nothing. There are 500-700 moose related car accidents a year in Nfld, so this is not an insignificant issue. Apparently other provinces use fences more than the Nfld government does, and unlike other provinces, the moose have no naural predators in Nfld and there is nowhere for them to go. So, to decrease the likelihood of death and serious injury all the government has to do is increase the number of hunting licenses to shoot an introduced species. Seems pretty simple to me.

Look at what happended in NS with the coyote. All it took was one death for there to be a bounty on an animal that has no nutrional value at all to people. In Nfld they are lining up for moose licenses, and if permitted to shoot one, would make good use of the animal. So, why not allow people to harvest the excess population of an introduced species to reduce the risk of death and serious injuries to people? It is hard to think of a reason why they cannot do it.

What is unfortunate is that after years of lobbying the government to decrease the moose populations these individuals have to resort to a lawsuit to get their voices heard.
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#11 Bob LeBlanc

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Posted 12 January 2011 - 07:44 AM

troutman,
But who is to determine the acceptable number of moose?
If there is just one left on the Rock, there is potential for an accident...Is that too many?
(I know you're not responsible for that determination ;) :) ...It's completely rhetorical)

Newfoundlanders are all aware of the potential for vehicle/moose collisions. There are signs everywhere reminding them of the dangers...and this generation was raised into that possibility.
The absolute fact of the matter is 5#!+ happens.

All that being said...I think they will win. I also think it will have a very far-reaching impact on wildlife management...and in particular the liabilities around vehicle collisions. It will be a 'toe-in-the-door' for insurance companies, who have the financial resources, to make a substantial buck. Guaranteed they will leech as much out of it as they can.
The thought that crosses my mind is private land owners who create safe havens by posting their lands, but take no measures to ensure the corralling of the wildlife.
Very similar circumstances, and it's not that far of a stretch... :o :huh:

It is certainly a suit to be watched.

Bob
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#12 JohnHope

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Posted 12 January 2011 - 10:34 AM

In terms of how many is too many, the government can come to that conclusion, and it does not have to be perfect, just reasonable. They have been able to determine that the right number of moose to have Gros Mourne national park is 1,000, and they culled 4,000 to get to that number. How many coyotes are the right number to have to reduce attacks on people? How many bears? The government makes management decisions on wildlife all the time, including the impact the wildlife is having on humans, so this just has to be entered into the equation. Give out more licenses in the areas where there are the most accidents, and claim that you are taking reasonable steps to control the population, and go from there.

If you are interested, below is an article from the National Post today:

http://news.national...lision-lawsuit/
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#13 Bob LeBlanc

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Posted 12 January 2011 - 10:57 AM

Resolve 1...Cull the herd.

Resolve 2...Encapsulate the Province's roads in a fence.

If they were smart, the Province could also consider:

Resolve 3...Reduce the speed limit on all Provincial highways to 50 km/hr. :o

(This would alleviate 90%, or better, of all the moose related collisions...and add a revenue source to the provincial coiffures because of all the speeding tickets!!

P-r-o-b-l-e-m solved... :lol:

B)
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#14 KPR

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Posted 12 January 2011 - 12:59 PM

Gotta love the comments on that article troutman...thanks for the link.
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#15 wonksy

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Posted 06 May 2011 - 11:49 PM

I knew we shouldnt of sent a handful of our Miramichi Moose to the rock!! :lol: :lol: :lol:
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#16 Ian

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Posted 09 June 2011 - 01:53 PM

Update:

A class-action lawsuit launched by victims of moose-vehicle accidents against the Province of Newfoundland and Labrador has been cleared to proceed.

Justice Richard LeBlanc certified the suit Tuesday at the Newfoundland and Labrador Supreme Court in St. John's.

St. John's-based lawyer Ches Crosbie filed the suit in January. It claims the provincial government's failure to control the moose population is to blame for the more than 700 moose-vehicle collisions reported annually.

Moose are not native to the island of Newfoundland.

"Wildlife practices of the defendant have allowed the moose population on the Island to reach numbers in the range of 120,000 to 200,000 …multiplying the danger of moose collisions for users of the highways," said a statement of claim filed in January.

Hugh George, 59, and Ben Bellows, 54, are named as representative claimants in the statement of claim. Both men now use wheelchairs because of injuries they suffered in collision with moose on Newfoundland's roads.

The suit is seeking compensation for victims, moose fencing, a cull of the herd and other measures to reduce collisions.

The provincial government did not contest certification at hearings leading up to LeBlanc's decision.
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#17 WoodsGuy

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Posted 09 June 2011 - 03:26 PM

Perhaps lighting certain section of the highway would be a better alternative than fencing the whole thing in. Putting up a fence seems kinds silly. How would people get over the fence? You know to access the woods....LOL. What if a moose was to get over one side of the fence and not the other...then you have a stampeed down a structured hallway,...that's better,...right?

People really should use common sence, unfortunately in this world that seems to be a pipe dream. This is a lot like when those people sued Tim Hortons over hot coffee that they spilt on themselves.

I hate to say what I am thinking as it is just toooooo rude (to the humans involved), so all I will say is...'it was UNFORTUNATELY almost a 'Darwin moment''.

Trav
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#18 Black Feather

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Posted 09 June 2011 - 04:16 PM

Maybe a more moose proof vehicles, there are ways to help reduce collisions and not just fencing. ?Posted Image
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#19 slinky

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Posted 09 June 2011 - 05:31 PM

lots of moose fence in nb on the major highways. They use one way gates so if a moose does get roadside it can get back into the woods. seems to work.
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#20 Deerhide

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Posted 28 January 2013 - 12:35 AM

The cure is simple; kill more moose!
How?
1. Longer open season, say August 1st. to June 1st the next year.
2. No more 'draws' for licenses, just walk in the store selling them and buy one.
3. All licenses to allow killing bull, cow or calf moose.
4. Every licenses with a 'bag limit' of 5 animals, maybe even more.
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