A class-action lawsuit against Quebec’s photo radar system that could involve hundreds of thousands of people is in the works.
On Dec.30, a motion was filed asking for permission to proceed with the lawsuit, which could see every photo radar ticket given since Dec. 30, 2013 dismissed. Over 400,000 tickets were given out since then, adding up to $50 million in fines.
In the past eight years photo radar has taken in more than $100 million for Quebec.
“We're claiming that the system set up by the government essentially tricked people saying we have super solid evidence against you,” said lawyer Joey Zukran.
The request claims that government bodies were negligent in devising a system that led drivers to believe photo radar evidence is irrefutable.
The door was opened for the possible lawsuit by a November ruling that overturned a $1,100 ticket. The judge in that case ruled that photo radar evidence amounted to “hearsay,” as there was no one to witness the driver breaking the law or ensure the machine was functioning properly.
“By having this in writing, confirmed, gives us the green light to seek compensation for our clients,” said Zukran, who has filed his request against six government bodies.
A second request for a separate class-action suit was filed on Jan. 2, though it’s likely only one request will get the go-ahead.
“We’ve kind of opened a Pandora’s box,” said Jamie Benizri, who filed the second suit.
The Crown is promising to present more evidence in the future.
“What I suspect will happen is that they will commit a lot of manpower and a lot more ‘team’ to these operations so that they satisfy this criteria and there's no appearance of ‘hearsay’ which really has plagued the whole photo-radar campaign,” said Benizri.
A lawyer involved in the Dec. 30 request said it will take about a year to find out whether the lawsuit will be authorized and another two years before any trial begins.
