O'Leary Boat Crash: One Year Later, Victims' Families Still Seeking Answers
TORONTO, Aug. 24, 2020 /CNW/ - Today marks one year since the tragic boat crash on Lake Joseph that killed Susanne Brito and Gary Poltash. One of the boats was owned, and operated by, Kevin O'Leary and Linda O'Leary. When it crashed into the boat that Susanne and Gary were on, Gary was killed instantly, and Susanne was rushed to hospital with critical injures. Susanne later succumbed to those injuries. Over the past year, the Brito and Poltash families have been seeking answers as to what led to their loved ones' deaths.
Both the Ontario Provincial Police, and the Crown Prosecutor have yet to provide documentation, video, breathalyser test results, and the names and addresses of witnesses to the victims. A motion was brought in Ontario Superior Court seeking an order compelling the production of the Crown Brief, and Ontario Provincial Police file which has been opposed and the determination of such is pending.
After the Brito and Poltash families filed multi-million dollar lawsuits in the Ontario Superior Court, the O'Learys issued a claim in Federal Court (T-2049-19) denying any responsibility for the crash that night and seeking to restrict all claims resulting from the crash to $1,000,000 through the Marine Liability Act. That means that even if a jury or judge decides that the victims' claims amount to more than $1,000,000, the O'Leary's argue that their total exposure is capped at $1,000,000. The move to Federal Court also seeks to prevent the Brito and Poltash families from seeking punitive damages against the O'Learys for any alleged conduct that night that may be considered egregious, reckless and deserving of such additional damages.
The O'Learys have also advanced their own personal injury claim in Federal Court (T-516-20) wherein Kevin O'Leary is seeking "damages for loss of income, and/or other economic loss in amounts yet to be determined but exceeding $2,000,000" and Linda O'Leary is seeking "damages for pain, suffering, emotional distress and loss of enjoyment of life in the amount of $1,000,000".
The actions of the O'Learys, the Ontario Provincial Police, and the Crown Prosecutor over the course of this last year, have forced the Brito and Poltash families to take matters into their own hands. They are asking for the public to come forward with any information about what happened on that heart-breaking night when they lost their loved ones.
"Deaths on Ontario waterways are far too common. We are seeking justice, and for steps to be taken, so that others are not seriously injured or killed. The first step for us, is understanding what happened that night." said Susanne's sister, Paula.
Trauma lawyer, Patrick Brown, from the litigation law firm McLeish Orlando LLP is representing the families' interests in their tragic wrongful death lawsuits.
"As we said when we issued the initial claim in November 2019, for these grieving families, it is about obtaining civil justice so as to prevent these deaths and curtailing reckless and dangerous behaviour from continuing on our lakes. A year after the crash, we are still waiting for answers to many unanswered questions. These delays are further victimizing the families. It is time for full transparency and cooperation from all those involved," said Patrick Brown and Nick Todorovic, counsel for the families.
If anyone has any information about what the O'Learys were doing on the night of August 24, 2019, please contact Maria Folino by e-mail at [email protected] or by phone at 416-366-3311 ext. 2334. The Brito and Poltash families are seeking answers and justice for the loss of their loved ones, and to bring awareness to the public to prevent tragedies like this from happening on our waterways again.
About McLeish Orlando LLP
McLeish Orlando is a personal injury law firm representing people across Ontario who have been seriously injured and family members who have lost a loved one through the negligence of others. McLeish Orlando is a recognized leader within wrongful death and personal injury law. The firm represents people who have suffered brain injuries, spinal cord injuries and serious orthopaedic injuries. We strive for a fair settlement and the best possible results for our clients.
SOURCE McLeish Orlando LLP
Patrick Brown, Counsel, [email protected] or 416-366-3311 Ext 6521; Nick Todorovic, Counsel, [email protected] or 416-366-3311 Ext 2332; Maria Folino, Law Clerk, [email protected] or 416-366-3311 Ext 2334
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