CTrain assault victim will seek damages

The lawyer for a Calgary man brutally beaten on his way to a CTrain platform more than 10 years ago says the firm will be seeking damages after the city was found liable for his client’s injuries.

In a decision on Tuesday, Justice Johnna Kubik found the City of Calgary is liable in the random 2007 attack in which Kyle McAllister was assaulted by two people on the Plus-15 that connects the Canyon Meadows CTrain station to the parkade.

“There’s an ability right for Mr. McAllister to continue on and have a damages phase of the trial, so that’s typically the next step ... now you would have damages assessed by the court,” said Robert Martz with law firm Burnet, Duckworth & Palmer LLP.

The assault went unnoticed by Calgary Transit staff monitoring video surveillance cameras as McAllister was knocked unconscious and repeatedly kicked in the head while he was on the ground.

Martz said there have been a number of security upgrades to the Canyon Meadows station and connecting Plus-15 since the Jan. 1, 2007, assault.

“There’s new cameras, better lighting and a better compliment of transit police operating,” Martz said. “And I think that’s one of the things Mr. McAllister was hoping to spur with this claim, is to make the CTrain safer, basically, for everybody.”

McAllister suffered a concussion, multiple broken bones and fractures to his face during the assault. His cheeks and lower lip were cut, requiring 40 stitches. He also suffered damage to his teeth.

McAllister’s attackers were both criminally convicted in separate proceedings.

Jill Floen, assistant city solicitor, said the city is “currently reviewing the details of the decision and evaluating next steps.”

Martz said it’s too early to tell what his client will be seeking for damages or when McAllister would return to court.