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(CBC)   Zombie lawsuit filed by dead woman against closed store of chain that no longer exists   (cbc.ca ) divider line
    More: Weird, Kathleen Viner, Donna Viner, human rights laws, public inquiry  
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8028 clicks; posted to Main » on 24 Apr 2013 at 10:11 AM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



33 Comments     (+0 »)
 
View Voting Results: Smartest and Funniest
 
2013-04-24 09:52:36 AM  
"It affected her mental state, her physical state," said Donna Viner. "Just because of the humiliation and hurt she felt, it was sad to watch her."

Anyone who shopped at Zellers felt that way.
 
2013-04-24 10:14:33 AM  
Was this woman a Saab owner by chance?
 
2013-04-24 10:17:04 AM  
Uppity.
 
2013-04-24 10:18:04 AM  
So, Jarndyce v. Jarndyce is not a precedent?
 
2013-04-24 10:19:19 AM  
ClaAaaAAaims...

1.
 
2013-04-24 10:20:56 AM  
They don't look very black to me. Are African-Canadians lighter than their southern counterparts?
 
2013-04-24 10:22:03 AM  
Viner said she was discriminated against for being black www.cbc.ca

www.seriesamericanas.net
 
2013-04-24 10:23:07 AM  
"store of chain"?
 
2013-04-24 10:26:47 AM  
If a cop dies from injuries sustained 50 years ago, someone gets charged with murder. Maybe the Bay needs to consider what happens when their customer dies as a direct consequence of their action.
 
2013-04-24 10:30:00 AM  
I am offended by the use of this term "Viner said she was discriminated against for being black "

She should have been referred to as and African - North American - Canadian.  Then all bases are covered
 
2013-04-24 10:31:34 AM  
It's all about the humanity.......and the money - don't forget the money.
 
2013-04-24 10:33:21 AM  

kaseyfarksdaladies: "store of chain"?


it's a perfectly cromulent usage.
 
2013-04-24 10:38:15 AM  

kaseyfarksdaladies: "store of chain"?


That which is called a store which is an instance of that which is called a chain of stores at which shopping takes place at that place.
 
2013-04-24 10:40:06 AM  
"African Nova Scotian people "

For fark's sake, can we just stop this?
 
2013-04-24 10:42:21 AM  
BitwiseShift
If a cop dies from injuries sustained 50 years ago, someone gets charged with murder. Maybe the Bay needs to consider what happens when their customer dies as a direct consequence of their action.

2/10.

Keep working on it.
 
2013-04-24 11:02:55 AM  
FTA: "African Nova Scotian people."

Should that be Nova Scotian African-Canadian?

I'm a Kentuckian UIster-Appalachian myself. Not "Scotch-Irish" because my way-back line is from the English side of the border and because I don't want to get bogged down in arguing with an IRAer about what makes a person Irish; "Appalachian" because my home region should secede from a country where even Floridians feel perfectly entitled to make fun of us. (The first step our new republic makes should be to nationalize the coal deposits and raise the prices for outsiders: have fun sitting in the dark all winter, hipsters in Traverse City.)

By the way, most black Canadians are descendents of slaves freed during/after the American Revolution for fighting for the British: there weren't many of them, most descendents of American slaves have been part white since long before the Civil War anyway, and "race-mixing" is common in small ethnic populations that don't resort solely to inbreeding.

As for whether these people are to be numbered among those formerly known as Negros, don't they have paper bags in the Maritime Provinces? In Louisiana they'd be called Creole, in the Confederacy they'd be "Hi Yaller," and in a sane society their complexion would be irrelevant.

However, since by the standards of Fark PC they can call themselves giraffes and everybody who's not a Bad Person must automatically agree, what difference does what they look like make here? Indeed, if they were transspecial we should take up a collection for their neck-lengthening surgery to make the Outside match the Inside.
 
2013-04-24 11:10:30 AM  

JohnCarter: I am offended by the use of this term "Viner said she was discriminated against for being black "

She should have been referred to as and African - North American - Canadian.  Then all bases are covered


I thought, "If there's a finding of discrimination, it's important whether Zellers continues to be discriminatory towards African Nova Scotian people." covered it. Perhaps we should follow suit we need African Illinoisians, and African Idahoans. Come on, we can be more specific just like Canada.
 
2013-04-24 11:13:49 AM  
3.bp.blogspot.com
 
2013-04-24 11:17:58 AM  
Probably safe to post on this thread since the one above don't let you...I have all twelve of those sovineers
 
2013-04-24 11:19:25 AM  

Fark-N-Noodle: Probably safe to post on this thread since the one above don't let you...I have all twelve of those sovineers


Are you talking about the ads that look like posts that change every time you reload the page? Probably time for adblock.
 
2013-04-24 11:21:03 AM  
media.philly.com
not...
 
2013-04-24 11:27:38 AM  

kaseyfarksdaladies: "store of chain"?


Was it seven of nine?
 
2013-04-24 11:35:30 AM  
Why even bother trying to use proper grammar when the greenlit headlines are this poorly written?

/just "sayin".
 
2013-04-24 11:38:28 AM  

thorthor: Why even bother trying to use proper grammar when the greenlit headlines are this poorly written?


I take from the headline that she was not suing the chain but was suing the individual store. Not seeing the issue
 
2013-04-24 11:43:22 AM  
This has nothing to do with money. I swear, really.
STOP LAUGHING!
 
2013-04-24 11:54:53 AM  
www.blastr.com
Isn't she supposed to be a lawyer or paralegal or something like that?
 
2013-04-24 12:39:43 PM  
Oh Canada, etc.

down here in the US there is a legal principle called "Standing"  it comes from "English Common Law"  where the plaintif or plaintives-eh  are required to have some sort of spoon in the broth, or iron in the fire or indeed some part in the issue.  those without standing cannot sue.

as children of a woman who was insulted by people in a store that no longer employs those people they do not have standing.

the dead woman was either burried or creamated and is unlikely to be standing, so once again, no standing, unless she has come back from the dead and filed a new legal breif in suit against the store that has risen from the dead and re-hired the previous employees and what are probably not living wages.
 
2013-04-24 01:00:37 PM  
It's not a lawsuit.
 
2013-04-24 01:14:20 PM  

madgordy: Oh Canada, etc.

down here in the US there is a legal principle called "Standing"  it comes from "English Common Law"  where the plaintif or plaintives-eh  are required to have some sort of spoon in the broth, or iron in the fire or indeed some part in the issue.  those without standing cannot sue.

as children of a woman who was insulted by people in a store that no longer employs those people they do not have standing.

the dead woman was either burried or creamated and is unlikely to be standing, so once again, no standing, unless she has come back from the dead and filed a new legal breif in suit against the store that has risen from the dead and re-hired the previous employees and what are probably not living wages.


Correct. However, they're not suing. Canada has Human Rights Tribunals, which are not courts. The tribunal has agreed that the complaint meets the criteria for a hearing - there was an apparent case of discrimination. The tribunal holds a hearing where the store has to defend itself and prove that it did not discriminate.

The fact that the complainant is dead and the store is closed is no excuse for the tribunal to drop the matter because HUMAN RIGHTS. At the end of the hearing, if it finds discrimination occurred, it can award damages (usually fees and a small amount to make up for hurt feelings - judgments in the millions do not happen).

As you can imagine, the various Human Rights Tribunals are controversial in many segments of Canadian society.

/IANAL so I probably got some of this wrong. YMMV
 
2013-04-24 01:23:33 PM  

madgordy: down here in the US there is a legal principle called "Standing" it comes from "English Common Law" where the plaintif or plaintives-eh are required to have some sort of spoon in the broth, or iron in the fire or indeed some part in the issue. those without standing cannot sue.


Standing likely isn't going to be the issue in this case.  The (now deceased) complainant properly filed her complaint, and the Commission appointed a Board of Inquiry to inquire into the matter.  It's irregular, but the estate/family can continue an action before a Board (though usually this happens for workplace accidents or pension complaints by a spouse of a deceased worker).  Admin tribunals and human rights commissions are the wild west--anything goes sometimes!

In any event, the Board has found that the matter can continue, which settles the issue for now (HBC can always appeal later, arguing an error in law/jurisdiction).  The big problem here would be evidential--there doesn't appear to be any applicable exception to the exclusionary rule against hearsay evidence.  However, s. 7 of the Boards of Inquiry Regulations (the reg for the Nova Scotia legislation) allows the Board to accept evidence that would normally not be admissible in a court of law (save privileged evidence).  Hearsay evidence for all!
 
2013-04-24 06:32:45 PM  
Zellers was bought out by Target, for those who don't know.

"On Tuesday, lawyers for Hudson's Bay asked that the company be removed from the case.
But "Zellers exists as a corporate entity nationally as well," argues Teryl.
"

Guess they acquired more than they bargained for
 
2013-04-24 07:54:35 PM  

krafty420: Zellers was bought out by Target, for those who don't know.

"On Tuesday, lawyers for Hudson's Bay asked that the company be removed from the case.
But "Zellers exists as a corporate entity nationally as well," argues Teryl."

Guess they acquired more than they bargained for


No, Target bought the leases to many of the Zellers locations. Hudsons Bay still owns Zellers, they just chose to close all the stores.
 
2013-04-24 08:03:37 PM  
Zellers actually wasn't "bought out" by Target, nor was it the subject of a merger or takeover.

What actually happened is that Target acquired (either through assignment of a lease, or sale, as the case may be) the leases of most (but not all) Zellers locations (the physical brick and mortar store, not the corporate identity).  HBC announced they would close down those Zellers locations, and in the interim, sub-leased their former properties from Target until Target began renovations in those spots (at which point they were shut down and most of the inventory liquidated).  HBC will continue to operate a very small number of Zellers stores in Canada, mostly in smaller urban centres and rural areas.  This number was supposed to be something like 60 stores, but now I think it's in the single digits.  The chain will eventually be shuttered completely, with leases either assigned/sold off in the same way as with Target, or spun off into other HBC properties (The Bay, Home Outfitters, etc).  Some of the leases actually went to Walmart.

Simply put, there was no sale.  HBC is effectively shutting down the Zellers brand, and they sold off their existing leases to Target (some to Walmart).  Target is simply opening brand new stores in the same place where Zellers used to be.  It was a real estate deal, not a corporate deal.  Target did not acquire anything related to the corporate identity of Zellers--Zellers continues to be a part of HBC.
 
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