Proposed class-action suit takes aim at City of Whitehorse over accessibility

Two Whitehorse residents have filed a proposed class-action lawsuit against the city, saying their Charter rights have been violated by the city's failure to effectively clear snow and ice from roads, sidewalks, transit stops and accessible parking spots.

The two plaintiffs — Ramesh Ferris and Eva Von Flotow — each have mobility issues and say their quality of life and their ability to participate in society has suffered because of the city's lax efforts at ensuring accessibility, particularly in winter.

A statement of claim filed to the Yukon Supreme Court on Monday says that the city's policies and actions "create a distinctive and discriminatory effect on disabled individuals who reside in Whitehorse," and that the plaintiffs have been "demeaned, marginalized and deprived of their inherent dignity and freedom to make their own choices."

Residents with mobility issues, including Ferris and Von Flotow, have long advocated for the city to do more to ensure winter accessibility. According to their lawyer, Vincent Larochelle, those efforts have been mostly in vain.

The lawsuit, Larochelle says, is "really a last resort."

"[Ferris and Von Flotow] saw no other way to push the issues forward than to file a lawsuit against the city," he said.

The statement of claim describes how both Ferris and Von Flotow have suffered "significant and serious psychological harm" because of the city's approach to clearing snow and ice.

The allegations have not been tested in court and the city has not yet filed a statement of defence.

Ferris, who lives with a permanent physical disability because of childhood polio, uses leg braces and crutches to walk. The statement of claim describes his difficulties with poorly-designed public transit stops and "accessible" parking spots, and how those difficulties are even greater when snow or ice piles up through the winter.

It says Ferris has slipped "approximately 10 to 15 times" while using an accessible parking spot, either getting into or out of his vehicle, or trying to get onto or off the sidewalk.

"At times, Mr. Ferris decides not to leave his home because of these risks and dangers," the statement reads. 

"The overall situation has caused Mr. Ferris to feel anger, stress, anxiety, sadness, humiliation and disappointment."

Von Flotow has quadriplegic cerebral palsy with dystonia, which means she has difficulty controlling how she moves. She uses a custom-built wheelchair at all times, manoeuvred by a caregiver, and a wheelchair-accessible van that depends on accessible parking stalls that are large enough for Von Flotow to get in or out of the van.

Few of the city's accessible public parking stalls are large enough, according to the statement of claim. It also states that there are often obstacles such as garbage cans or bike stalls that prevent Von Flotow from getting onto the sidewalk.