Lac du Bonnet man sues RM over horse's death
CBC
A man from Lac du Bonnet is suing the municipality, alleging its employees trespassed onto his property and removed several hundred metres of shrubbery, which resulted in one of his horses escaping and being killed on the highway.
The property, which Gerald Perron has owned and lived on since 1995, is beside the Lac du Bonnet cemetery. A row of caragana shrubs separated the two lots.
A statement of claim filed in the Court of Queen's Bench on July 25 details a timeline of events in which employees from the RM of Lac du Bonnet, about 110 kilometres northeast of Winnipeg, removed a row of shrubs that functioned as a natural boundary and kept Perron's two horses safely on his property.
The claim states that between late August and early September 2020, municipality employees came onto his property and removed all the shrubs without notifying him.
Perron's claim says he didn't notice the loss until a few weeks later, when an RCMP officer came to his house to tell him that one of his horses had wandered off the property and was struck by a vehicle on the highway.
The horse, named Cocoplan, died from injuries from the crash, the claim states.
During the same visit, the officer gave Perron a ticket for allowing an animal to run at large on a highway, which is a violation of the Highway Traffic Act. The ticket was ultimately stayed by prosecutors, the claim states.
The plaintiff alleges the municipality is liable for trespassing and negligence, which are "the direct and proximate cause" of the damage to his property and Cocoplan's untimely death.
Perron is seeking damages for the costs associated with replacing the trees, the loss of use and enjoyment of his property, the value of the deceased horse, the mental and emotional harm following Cocoplan's death, and any expenses related to defending the Highway Traffic Act violation.
None of the allegations have been tested in court. No statement of defence has been filed and no trial dates have been set.
CBC News requested comment from the RM of Lac du Bonnet but did not receive a response in time for publication.
This First Person column is the experience of Shannon Flaman, who lives in Red Deer, Alta. For more information about CBC's First Person stories, please see the FAQ.
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