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The highest court in the country has given reason to the relatives of the young mother murdered by her ex-partner in 2010.
The continuation of the family of Maria Altagracia Dorval against the City of Montreal for negligence of its police officers to be able to go to the front, has a ruling Friday, the supreme Court of Canada (SCC).
The highest court in the country has given reason to the relatives of the young mother murdered by her ex-partner in 2010, who had brought an action to 665 000 $.
They alleged that the police officers of the Service de police de la Ville de Montréal (SPVM) would have had to protect Maria Altagracia Dorval since she had filed a complaint for domestic violence several times before being killed.
However, as the lawsuit had been filed in 2013, the City of Montreal alleged that the sister, the father and the mother-in-law of the young victim were taken too late, the limitation period in the case of a lawsuit for moral damages of six months.
In the Court of appeal of Québec, the judges however gave the green light to the prosecution, concluding that it was not only moral, but also bodily injury.
It is this judgement of October 2015 the supreme Court of Canada confirmed Friday in a split decision of five judges against two.
The magistrates had to determine whether the recourse of the family was based on “the obligation to make reparation for the injury caused to others” within the meaning of article 2930 of the civil Code of Québec — and, therefore, if it had been filed within the required time frame.
The response of the majority to this question is yes, wrote judge Richard Wagner on behalf of his colleagues.
“According to the jurisprudence of the Court, it is the violation of the physical integrity of Ms. Dorval, who is the personal injury,” noted the judge in quebec.
“Despite everything, since the action of the parents was the basis for the obligation of the City to repair the injury caused to Ms. Dorval and the consequences of pecuniary and non-pecuniary, suffered by the parents, are the immediate and direct culpable violation of the physical integrity of Ms. Dorval, the action of the parents is prescribed by three years,” said judge Wagner.
This interpretation “large and liberal” of article 2930 offered by the supreme Court of Canada is ” of a nature to facilitate access to justice for victims of consequences that are the result of a direct and immediate of a culpable violation of the physical integrity of a person “, noted the magistrate.
Because it offers “all the time necessary to collect the desired information and to undertake timely action in civil liability against the perpetrator of the infringement,” writes judge Wagner.
SPVM officers involved in this case had been bleached by the police ethics committee in April 2015.