WELLINGTON COUNTY – The Grand River Conservation Authority (GRCA), County of Wellington and Township of Centre Wellington have been named in a $1.7 million lawsuit by the family of a Kitchener man killed in an alleged impaired driving collision in 2021.
According to court documents, the family of Brian Araujo is seeking damages claiming the organizations were negligent in preventing injuries or death as a result of alcohol or cannabis consumption on properties within its jurisdiction, according to a statement of claim filed in Kitchener.
Araujo, 25 at the time, died in a collision the evening of Aug. 1, 2021, after the vehicle he was a passenger in on Wellington Road 21 near Eighth Line collided with an oncoming SUV.
Ricardo Cruz, the driver of the car Araujo was in, was charged with multiple offenses at the time including impaired driving causing death. The criminal matter remains before the court.
The statement of claim says before the collision Cruz and Araujo were at the Elora Gorge Conservation Area and surrounding areas within the jurisdiction of the GRCA, county and township, and that Cruz had “become intoxicated” while there.
The claim alleges the GRCA, county and township did not take appropriate measures to prevent injuries as a result of alcohol or cannabis consumption at the conservation area, including a failure to enforce a ban on alcohol and cannabis consumption at the property, a lack of or inadequate signage about its alcohol and cannabis consumption policy and failure to make clear what areas are patrolled and maintained.
None of the allegations have been tested or proven in court.
The Township of Centre Wellington and County of Wellington declined to comment on the lawsuit allegations, as they remain before the courts. A request for comment from the GRCA was not immediately returned.
Araujo’s family is seeking at least $1.7 million for what the statement of claims says are “psychological deficits (including difficulties with stress, fear, anxiety, avoidance, frustration and anger), economic losses, a diminution of income earning capacity, a loss of handyman and housekeeping services, financial support, and a loss of guidance, care, companionship and love that they would otherwise have enjoyed from Brian Araujo, if he had not been fatality (sic) injured.”
Cruz, the SUV driver and another person who owned the SUV, are also named in the lawsuit, as well as the Ministry of Transportation and two insurance companies.
No statement of defence has yet been filed by any of the parties named in the lawsuit.
The lawsuit claims Cruz was negligent in many factors including driving under the influence of alcohol and/or drugs at the time of the collision, being an incompetent driver, speeding, not wearing glasses as recommended and had a vehicle in poor mechanical condition.
The SUV driver is alleged to also be an incompetent driver who failed to take steps to avoid the collision such as speeding and failing to apply brakes. The claim alleges the owner of the SUV failed to maintain it to be suitable for driving.
