ioe - North Shore News — Wednesday, May 10, 2000 Top court backs insurance company Anna Marie D'Angelo News Reporter adangelo@nsnews.com TWO bus drivers lost their cases in Supreme Court of Canada in bids to have their houseowner insur- ance cover legal fees associated with sexual assault allegations brought on by a North Vancouver woman. Nicodemo Sansalone and Vincent Scalera had their appeals dis- missed last week by the highest court in the country. According to TransLink spokesman Ken Hardie, Scalera is cur- cendy employed with TransLink. Hardie declined to talk about the work status of Sansalonc. The two men together with Melvin Maddess, Lynn McMaster °. and Alvin Hunnisert were BC Transit drivers and each were alleged “. to have had sex acts with a North Vancouver gicl between 1988 ~ and 1992, , Some of the sex acts were alleged to have occurred while the ~ men were working for BC Transit. The girl was about age 14 to 18 at the time. Maddess was the only one of the bus drivers to be charged efiminally with sexual assault and sexual touching of a girl under - age 14. Those charges were later dropped. : The lawsuit, also against BC Transit, was settled out of court. Traific congestion a concern _ From paged E will. It will affece the merchants grossly and the whole ambience f the bay will be lost.” Peterson suggested that BC Ferries look into the possibility of sloping a parking lot off Wes estport Road and creating a bus ice to’ shuttle passengers to ferries as an alternative to _ wilding the. compound. “West Vancouver District Coun. Bilt Soprovich said that a pub- lic meeting with BC Ferries, West Vancouver council and other stakeholders has been tentatively planned for June. fant to hear what they’ re going to say and we want to id he’s ‘confident that a compromise ‘can be reached. . “We're tot going to accept things just because (BC Ferries) fe going to do it’. We’re going to’stand behind CAFTE. - ‘The fight is on,.as far as I’m concerned.” ; J hin ‘Clark said. the district and ‘BC. Ferries are cur-’ in talks regarding the fiture of the Horseshoe Bay cautioned that the BC Ferries budget outline is just - ust a bud ct ‘outline. tee 7 Te 's not like they're out there. Judges in the B.C. Court of Appeal decided that the home- owner insurance companies should not pay Scalera’s and Sansalone’s legal bills relating to the lawsuit. The men appealed. According to the Supreme Court of Canada, the house insur- ance companies had nv duty to defend the men because the sexu- al assault allegations were not covered in the insurance policies. In a fengthy comprehensive decision, the Supreme Court of Canada noted that an insurance company’s duty to legally defend a client was in areas in which the house insurance applied. The men’s insurance was provided by Waanesa Mutual Insurance and Non-Marine Underwriters, members of Lloyd's of London. At issue was wording involved with coverage of legal fees relat- ing to alleged bodily injury. In September 1995, BC Transit fired three of the five involved after an internal investigation. One other man resigned, according toa B.C. Supreme Court judgement. In 1996 a BC Transit spokesmay said one of the terminated bus drivers was later reinstated after a union arbitration process. The complainant in the case is now 25. She went to North Vancouver Mounties in 1995 with her allegations. She Jaunched her lawsuit the next year. “FURNACES + FIREPLACES -+. BARBECUES ts your 880 a rusty, greasy mess ont an the deck? Why rot come in and fook at the new generation of Th bests BBQ's. Reliable, durable and easy to clean! The best value on the market today. Canadian made. -. = Starting at $549.00 : NoBTHwaNcoUvE 751 CONSDALE AVENUE In her lawsuit against the five bus drivers and BC Transit, she alleged that the bus drivers were working at the time some of the alleged incidents took place in Lynn Valley near the terminus of two bus routes. She sought damages associated with her alleged sexual assaults, sexual exploitation and nervous shock. “JAYLORMOTIVE ER vedi B.C.AA., AR, 1.0.8.0. Approved SPRING SPECIA « All service by Govt. registered technicians wi | Luse, O1. & Fitter Chack battery, antifreeze, belts & hoses tires & brakes, visual inspection report” “nc, ol Super Luse-Masorn CHECK Yn All above with written B.C.A.A., inspection _ - report, rotate tires, top up all fluids : toad fast, align check, with Printout” Tune-Up - HIGH TECH . Ain COND: ~. Check compressor, hoses, Ghask toes inet anttreoze conohion, test . temperature, pressure check & ful report’: Finest cordiess Hunter computerized | ° wont’ - alignment, by certified technicians, - or produces full before & after report & . ‘foad test - your choice ” : 7 * Brake linings & mufflers carry | a Htetime. warranty ; , Price covers most cars & light trucks. |! "salon $2564 Gleneagles . Elementary. Schoo