Sept 14 2020
https://www.cbc.ca/news/canada/sister-o-leary-boat-crash-lawsuit-1.5719975
''Brito and her parents filed a wrongful death lawsuit in November 2019 against O'Leary and his wife, Linda, who was behind the wheel, as well as the owner and the driver of the other boat, seeking $2 million in damages.
It's just one in a flurry of legal actions that are all temporarily on hold after the O'Learys filed a motion in federal court denying any negligence and liability in the crash and seeking to prevent any additional claims being made against them in other courts.
In that motion, the couple also seek to limit any damages brought against them to $1 million under the Marine Liability Act. ''
Months later in May, Kevin and Linda O'Leary filed their own lawsuit claiming more than $3 million in damages against Irv Edwards, the owner of the other boat involved in the crash, and Richard Ruh, the man who was driving.
In court documents, Edwards and Ruh both deny responsibility for the crash. They are also seeking to have any damages against them limited to $1 million under the Marine Liability Act.
According to unsealed search warrant documents, the navigation light on the Edwards boat was turned off before 11:30 p.m., when the O'Leary boat collided with it, fatally injuring two of its passengers: Brito, 48, of Uxbridge, Ont., and 64-year-old Gary Poltash of Florida.
Following the crash, Linda O'Leary was charged with careless operation of a vessel under the Canada Shipping Act. If found guilty, she could face a $10,000 fine. Ruh was charged with failing to exhibit a navigation light.
The search warrant documents also indicate that Linda O'Leary
had alcohol on her breath the night of the crash, resulting in the automatic suspension of her driver's licence for three days. The Ontario Provincial Police documents say O'Leary claimed she had a drink after the crash.
Brito's family's legal team filed a motion in Ontario's Superior Court of Justice to access some of the files from the police and the Crown, but that matter is also pending with no hearing date set. Brito said her family still wants to know the details of Linda O'Leary's breathalyzer test that night and if there was any further blood testing to determine how much alcohol was in her system.
Her lawyers have filed a counterclaim that challenges the O'Learys' attempt to limit their damages under the Marine Liability Act. The counterclaim seeks damages of $3.5 million from the couple for the death of Brito's sister.
In O'Leary's civil claim against Edwards and Ruh, they seek $1 million for Linda O'Leary to compensate for "pain, suffering, emotional distress and loss of enjoyment of life." The claim also seeks $2 million for Kevin O'Leary, who appears on the U.S. reality TV show
Shark Tank, for "loss of income." Linda O'Leary's injuries to her right foot required the removal of cartilage and the insertion of three plates and screws, and that "the joints in her right foot will remain fused and immobile." She "suffered psychological trauma and emotional distress" and has not been able to work since the crash. It said her husband was forced to cancel a number of paid appearances because of the publicity generated by the crash.