A cyclist is suing the City of Vancouver, the Vancouver Board of Parks and Recreation and the driver of a vehicle that collided with them while they were riding in Stanley Park last April.
The plaintiff, represented by Mark Trischuk of AMG Law in Vancouver alleges the city and Park Board are at least partially liable for the collision. The argument stems from a policy decision made by Parks Commissioners in a board meeting on March 10 where it was resolved that staff would plan for and implement a temporary bike path on Park Drive in Stanley Park “as soon as is operationally reasonable.” The decision was made following the acknowledgement that bicycle traffic in Stanley Park increased 180 per cent between April 8, to June 22, 2020.
Then 39 days after the meeting on April 18 the plaintiff was hit while riding their bicycle southbound on Stanley Park Drive between Pipeline Road and the Stanley Park Causeway. According to a notice of civil claim filed May 12 with the BC Supreme Court, the plaintiff claims they sustained a number of injuries from the collision including to the left hip, leg, jaw and back area.
The claim indicates the effects of those injuries have caused pain, loss of sleep, loss of income, treatment costs and expenses, and other ill effects.
New safety improvements went in at Stanley Park & Kits Beach, just in time for the sunny weekend ahead!☀️The temp bike path in Kits is in the parking lot by Arbutus & Cornwall, while the one at Stanley Park Drive is part of Phase 1 from Pipeline Rd to Second Beach. Ride safe! pic.twitter.com/x5mDcxKZRz
— Vancouver Park Board (@ParkBoard) May 14, 2021
The Park Board began implementing the first of three phases for the bike lane at the beginning of May. By mid-May, the first phase is to have created a designated lane for bikes to separate vehicles and cyclists on Stanley Park Drive from Pipeline Road North to Second Beach.
It is this timeline that will become one of the case's “big issues," Trischuk told V.I.A. in an interview.
"Whether two months means as fast as operationally possible to them, we'll see,” Trischuk said. "From my perspective, the concern is right before this happened there was this 8-year-old kid with his dad right there."
“I’m lucky in that I am not catastrophically injured," said the plaintiff via a media release issued by Trischuk. "The real concern here is that this could happen again – there were children and families cycling along Stanley Park Drive that day. This could have been much worse. The City and Parks Board need to address this immediately."
Also named in the claim is the driver of the vehicle that struck the plaintiff. The driver, the plaintiff alleges they were speeding, failed to allow the margin of safety around them and among others, driving while inattentive, fatigued or impaired.
Trischuk said it could be years before the case sees the inside of a courtroom.
V.I.A. has reached out to the City of Vancouver and the Park Board for comment.
None of the claims have been proven in court.
