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THE CANADIAN STATESMAN, JANUARY 10,2001 PAGE 5 Fatal crash lawsuit filed against Durham police Force 'failed to heed prior warnings' motorist was drinking, victims' family alleges BY STEPHEN SHAW Staff Writer Despite a woman's desperate 9Il calls, Durham Regional Police failed to take steps to prevent a drunk driver from killing a popular local teacher and his 11-year-old son in a horrific crash, a $5-million lawsuit alleges. The civil suit, filed by lawyer Bernie O'Brien on behalf of the Gainer Gainer family of Oshawa, claims the force "failed to heed prior warnings" that Robert Boncnfant was operating a vehicle vehicle while impaired and failed to arrest arrest him, even though officers were nearby. , ' About 30 minutes after the 911 calls, Mr. Bonenfant's pickup truck crossed the centre line on Hwy. 12 north of P x oft Perry and slammed head- on into the Gainer's southbound mini- van, killing its driver Donald Gainer, 49, and his son Bryan, a statement of claim says. Mr. Boncnfant, 39, the Oshawa father father of two, died in the July 23, 2000 collision. Mr. Gainer's wife, Eva, 41, and friend Catherine Millson, 41, were critically injured. Listed as plaintiffs in the lawsuit, filed in Whitby's Superior Court, are Eva Gainer, her surviving children, James, 17, and Sara, 15, Mr. Gainer's parents, brothers and sisters as well as Bryan's maternal grandparents. Named as defendants are the estate of Mr. Boncnfant, the Durham Regional Regional Police Services Board, GMAC Leaseco Limited, owner of Mr. Bonenfant's Bonenfant's pickup, and The Halifax Insurance Insurance Company, the Gainers' insurer. A statement of claim is a document outlining the allegations in the lawsuit, none of which are proven. The 10-page document blames the collision on the "combined negligence" negligence" of Mr. Boncnfant and the police. police. It alleges the force "failed to deploy adequate resources to prevent (Mr. Bo- nenfant) from operating his motor vehicle vehicle when it knew or ought to have known that he was not competent to do so under the circumstances;" "Despite being warned only shortly beforehand that Robert Boncnfant was operating his motor vehicle in a fashion fashion which was dangerous to other users of the highway, (the .service) failed to instruct nearby officers to place him under arrest," the statement of claim reads. It's been previously reported that at 5:23 p.m. Oshawa resident Catherine Caines called 911 to report Mr. Bonen- fant, a former neighbour, was parked in her Ritson Road driveway .with, an open beer and the engine running. . A marked police cruiser was parked at nearby Beau Valley Public School, but was not dispatched to the home. » Ms. Caines said Mr. Boncnfant was in her driveway for seven to 10 minutes. minutes. At 5:28 p.m., police confirmed, she again called 911, pleading for an officer to be sent. Police at the time said a squad car was dispatched dispatched to the residence within two minutes of the first call, but was called off after the second, after Mr. Bonen- fant drove away and headed for Hwy. 12. A general broadcast of the pickup's licence plate was sent to all cars, the force said. The civil suit also alleges the force, failed to alert other police agencies about Mr. Bonenfant, including Ontario Ontario Provincial Police, "when it knew or ought to have known (Mr. Bonenfant) Bonenfant) posed a danger to users of the highway," which falls under the OPP's jurisdiction. The department has filed notice it will defend against the lawsuit and has three weeks to file a statement of de- To have your flyers delivered by Durham's #1 Carrier Force! Call 579-4407 Wednesday, January 10,2001 Clarington Community Church* Future Shop* McGregor IDA* Home Outfitters* Bay* Business Depot* Sears* SAAN* Square Boy* Mary Brown's* 1 I Ivi'i nul iivvcsMiiily in all papers kcmcmhci. all inserts, meluilmp those on glossy papet, . ,m Iv us \ i lisl uilli lIk- rest ol yotn ni » spapei llnoiijjli yotn blue box kei u ling program. fence. Police Chief Kevin McAlpine would not comment on the case when reached yesterday. Nor would the chief comment on an internal investigation conducted by the professional standards branch into a written complaint filed by Ms. Caines. Three days prior to the deadly crash, Mr. Boncnfant was arrested by police in Oshawa for drinking and driving, driving, and slapped with an automatic 90-day licence suspension. He was also convicted of impaired driving in .1997. Staff Sergeant Greg Sweeney said post-mortem toxicology tests showed Mr. Boncnfant had an alcohol level of 252 mgs per 100 ml of blood, more than three times the legal limit, at the time of the July 23 crash. The civil suit claims damages for numerous major injuries, some permanent, permanent, suffered by Mrs. Gainer, physically physically and mentally, as a result of the collision, as well as the loss of future income and enjoyment of life. "She has undergone, and may continue continue to undergo, hospitalization, surgery, physiotherapy, counselling and various invasive diagnostic proce dures," the claim says. All plaintiffs, ages for the loss of their relationships including the children, also claim dam- with the father and son. OPEN HOUSE ! Liberty Tax Service Thursday January 11,2001 from 2-8pm You're Invited to Christine Argyle's GRAND OPENING CHRISTINE ARGYLE Franchise Owner Liberty Tax Service 35 Temperance St., Bowmanville 697-0553 WE RE TAKING OFF... 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