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Winnipeg legal expert says victims of Manitoba Liquor Mart thefts could sue

The Tyndall Park Liquor Mart. Dan Turnbull/Global News

A Winnipeg lawyer says customers or employees impacted by the violent Liquor Mart thefts could consider taking legal action.

This comes the day after three employees were assaulted at the Tyndall Park Liquor Mart. One of them was taken to hospital in critical condition but has since been upgraded to stable.

Lawyer Robert Tapper says it’s Manitoba Liquor and Lotteries’ duty to ensure their employees and customers have a safe environment, and while it isn’t guaranteed, it is “highly arguable” that the crown corporation has failed in that duty.

He also says that the thefts have become so common, they’re predictable.

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“I would say it’s a highly arguable proposition and probably one worth these employees taking a run at them, or an injured consumer taking a run at them,” Tapper told Global News.

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“Because while it’s no means certain, it probably is a safe bet that they would have a welcome ear from a judge, who would say this isn’t stark reality you can’t predict a crime, you can here. And it’s day in, day out.

“So it’s a predictable event and [Manitoba Liquor and Lotteries] has the ability financially to protect its employees and consumers.”

Tapper says employees could file a lawsuit or a grievance, depending on their labour agreement.

“Sometimes the law is the best remedy to advance a societal problem and get rid of it. In my view I would say it’s a certainty that they could succeed,” Tapper said.

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“Where there’s a wrong, there’s a remedy, and there’s no question there’s a wrong here. People should be safe working in or buying product from a Liquor Mart. There’s no question.”

Emergency summit

Manitoba Government and General Employees Union (MGEU) president Michelle Gawronsky said no employees have filed grievances, but some have inquired about their right to refuse unsafe work.

“Starting at 4 o’clock this morning, I was getting fresh emails from workers who said they hadn’t been able to sleep at night, knowing in the morning that they have to go into work at a liquor stores and they’re fearful for their lives,” Gawronsky told Global News on Thursday.

She also says many employees have told her they’re considering early retirements or different lines of work due to the escalating violent thefts.

It’s a reason why she’s calling on Premier Brian Pallister to hold an emergency summit.

“Let’s sit down with the government, with MBLL and figure out how we get this crisis under control. That’s what this is. This is a Manitoba crisis and we can’t play games with it anymore,” Gawronsky said.

“We need to step up, we need to all be part of the solution and the only way to do that, I see, is to get us in the same room, at the same time, talking the same language, and let’s get this under control.”

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