Class-action lawsuit against manufacturer of gun used in Danforth shooting moves ahead

TORONTO – Ken Price’s daughter Samantha was among those injured in the fatal mass shootings on Danforth Avenue in 2018.

“It’s something you never get over, that’s for sure,” he told CTV News Toronto on Friday.

Faisal Hussain took the lives of 10-year-old Julianna Kozis and 18-year-old Reese Fallon and injured 13 other people on the night of July 22 in bustling Greektown, while attacking a stolen 0 caliber Smith & Wesson M & P40 , 40, were armed with a semi-automatic pistol. Hussain was caught in a shootout with police and killed himself.

And now a planned class action lawsuit by Price and the victims of the attack on the gun maker has cleared its first legal hurdle.

In a written decision, an Ontario Supreme Court judge issued a motion from Smith & Wesson to dismiss the case.

“The foundation of her [Samantha Price] The case is that Smith & Wesson, as the manufacturer of an article intended for use as a weapon, owed it, as a person who could be harmed by that weapon, a duty to ensure that the weapon had the user technology authorized that it neglects this duty and is consequently liable for the damage caused by such neglect, ”wrote Judge Paul Perell.

The suit claims the American gun manufacturer was negligent because the pistol’s design did not use the above available technology that would have rendered it unusable to an unauthorized user.

What follows now is a lengthy legal process, according to defense lawyer Ari Goldkind.

“So now they are in the certification process,” he said in an email to CTV News Toronto.

“Within 90 days, Price et al. must demonstrate a reason for an action, an identifiable class developed by Price et al.

“It is better to have one class than several lawsuits everywhere, and Price, for example, can be everyone’s agent. Affidavits need to be sworn in by Price and then create a roadmap of where / how things will go when they get the green light, ”he said.

And while Price acknowledges the road ahead will be long, he and others listed in the lawsuit are poised to make it through.

“Nothing will bring our girls back or erase the injuries and memories of that terrible night,” Price wrote in a statement released Friday.

“As representative plaintiffs, we are pleased that our courts agree that Smith & Wesson should be responsible for the lack of security features developed by the company to control the unauthorized use of a widespread and deadly product,”

According to the latest available data, 3,486 weapons were stolen between 2013 and 2017, according to the RCMP.

And since 2005, at least 588 more have been stolen by public authorities, including the Canadian police force.

With files by Jon Woodward

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