Quebec photo radar tickets could be reimbursed under proposed class-action lawsuit
Stephen Smith | CBC News | Posted: January 5, 2017 9:26 PM | Last Updated: January 5, 2017
Motion follows Crown's decision not to appeal ruling that photo radar evidence amounts to 'hearsay'
A Montreal man is seeking permission to launch a class-action lawsuit that, if successful, would reimburse him and thousands of other drivers for fines based on photo radar evidence.
Lawyers representing Kevin Ka-Foo Fung filed the class-action motion in Quebec Superior Court Wednesday.
It lists six defendants, including Quebec's Director of Criminal and Penal Prosecutions (DPCP), the Sûreté du Québec and Quebec's Transport Ministry.
Jamie Benizri, who together with lawyer Avi Levy are representing Fung, said the lawsuit could affect as many as 700,000 people and involve penalties and fines in excess of $90 million.
The class-action would also seek damages on top of the reimbursed penalties and fines.
"We are proposing to represent anyone who received a photo radar speeding ticket issued to them that they paid or were condemned to pay since 2009," Benizri said.
That was the year Quebec introduced a pilot project that saw photo radar units and red light cameras installed at 15 locations around the province.
The province began installing permanent photo radar units and red light camera technology in 2012.
As of late December, there were 151 photo radars installed throughout Quebec, not including school and construction areas.
Evidence ruled 'hearsay'
Last November, Justice of the Peace Serge Cimon ruled that evidence collected by the current photo radar system is "insufficient" as well as "inadmissible" and "illegal."
Critically, Cimon concluded that photo radar evidence alone was hearsay because no officer directly witnessed the traffic violation.
Hundreds of photo radar cases were put on hold as a result.
"The hearsay argument is part of a much broader plan of argument, but it is fundamental to what we're pleading," Benizri said.
Also fundamental was the Crown's decision at the end of December to not appeal Cimon's ruling.
"That obviously for us was a green light to move forward with this file at this time," Benizri said.
His client was fined a total of $197 in 2014 after a photo radar unit clocked him doing 101 km/h in a 70 km/h zone.
He wants the $197 he paid reimbursed and $100 for "trouble and inconvenience" caused by the ticket.
Benizri said it could take up to a year before they know if the class-action can proceed.
The DCPC declined to comment Thursday.