GRCA, County of Wellington among those named in lawsuit over fatal collision

The Waterloo Region Courthouse is seen in Kitchener on Monday, June 23, 2014. (Terry Kelly / CTV Kitchener)

The family of a Kitchener man killed in an alleged impaired driving collision in 2021 has filed a lawsuit against several organizations, including the Grand River Conservation Authority (GRCA) claiming it failed to post adequate signage with respect to alcohol and cannabis consumption.

The County of Wellington, the Township of Centre Wellington, and the drivers of both vehicles involved in the crash are also named in the suit.

The family of Brian Araujo is suing for $1.7 million alleging the defendants erred in their duty and the “resulting injuries and damages were caused as a result of the joint and/or several negligence” of the defendants.

Araujo was the passenger in a vehicle, and was killed in a collision in August 2021 when the car he was in crashed with another vehicle.

At the time, police said a car and SUV were travelling in opposite directions when they collided on Wellington Road 21, near Eighth Line, just after 9:30 p.m.

The lawsuit is seeking $1.7 million alleging the family has suffered “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 injured in the aforesaid accident.”

None of the allegations have been proven in court.

A statement of claim says Araujo and the driver of the vehicle were at the Elora Gorge Conservation Area and became intoxicated.

Court documents show the lawsuit alleges the defendants knew of previous injuries sustained as a result of alcohol and/or cannabis consumption on the properties, yet failed to take appropriate measures to prevent further injuries to other attendees on the properties.

“They failed to exercise their authority and create and/or enforce regulations with respect to the consumption of alcohol and/or cannabis when they knew or ought to have known that their inaction could cause injury to attendees of the properties,” the court documents read.

The lawsuit further alleges the defendants failed to post appropriate signage in or around the properties with respect to the consumption of alcohol and cannabis.

“The location, height, and/or size of any warning signs with respect to the alcohol/cannabis consumption policy were inadequate for their intended purposes and/or placed at too great a distance from properties’ attendees,” the court documents allege.

The lawsuit alleges the driver was operating the vehicle while under the influence at the time of the accident.

“He was an incompetent operator, lacking in training, skill, experience and ought not to have been operating the [..] Vehicle,” the lawsuit reads.

It further alleges the driver operated the vehicle while viewing a display screen, dialling, texting or talking on a handheld communication or entertainment device just before and at the time of the collision when he knew or ought to have known that doing so would distract his attention.

The lawsuit also names the driver of the second vehicle in the collision, claiming the driver “failed to keep a proper lookout, particularly in that she failed to apply her brakes” when approaching the vehicle Araujo was a passenger in.

The court documents allege the SUV driver failed to take any steps to avoid a collision when she “should have seen that the danger of a collision was imminent.”

The Ontario Ministry of Transportation and the County of Wellington, are alleged to have “failed to properly construct Wellington Road 21 so as to make it reasonably safe for drivers travelling upon it.”

Further, the lawsuit alleges Wellington Road 21 was not properly maintained, and a reasonable speed limit was not applied to the roadway.

“They created a hazard and/or a trap for users of Wellington Road 21,” the court documents read.

The lawsuit also names two insurance companies.

No statement of defence has yet been filed by any of the parties named in the lawsuit, according to the Kitchener courthouse – where the lawsuit was filed.

The GRCA, County of Wellington and Township of Centre Wellington declined to comment on the lawsuit as the matter is before the courts.