Winnipeg man sues Rogers for $5M over employee’s alleged ‘human excreta’

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This article was published 29/08/2023 (770 days ago), so information in it may no longer be current.

A Winnipeg man is suing Rogers Communications Inc. for more than $5 million in damages, claiming an employee trespassed and used his yard as a toilet while his children played nearby.

The plaintiff, Rabie Harb, alleges an unnamed employee unzipped his pants and “wantonly passed human excreta,” which came into contact with a garbage bin and unidentified possessions, on July 28.

Harb claims he and his family were exposed to “fear and possible dangers” associated with human waste, according to a statement of claim filed Aug. 24 in Manitoba’s Court of King’s Bench.

The suit claims Harb has video and photographs to support the allegations.

The document names Rogers, Shaw Communications Inc., Shaw Cablesystems and the employee, referred to as “X,” as defendants.

Toronto-based Rogers acquired Calgary-based Shaw in a $26-billion takeover that became official in April.

None of the defendants has filed a statement of defence. None of the allegations has been tested in court.

Harb is seeking $5 million in punitive and exemplary damages, plus general damages and court costs, according to the statement of claim.

He is also seeking a permanent injunction to prevent Rogers or Shaw staff, agents or privies from “entering on, over and under his premises” without his written consent.

The property owner claims the telecommunications giant is liable for the employee’s alleged “unlawful act.”

According to the document, the “viral and bacterial discharge of human excreta and biowaste” disturbed Harb’s right to peaceful possession of his home.

The lawsuit does not list an address for the property, nor a neighbourhood.

“The actions described above were voluntary, and the plaintiff and his entire family is distressed because the conduct occurred while the plaintiff’s children were playing near the area of the premises and were in grave danger of contamination,” the document states.

Harb alleges the worker, who is described as an “intruder” in the statement of claim, was driving a branded vehicle with an identifiable Manitoba licence plate.

The plaintiff said he contacted the employer to report “wrongful and distressing conduct,” but he received a “grossly insulting” response.

The document does not provide specific details about the company’s alleged response.

“The act of the defendant(s) were not authorized by the plaintiff and unless restrained by this court, the plaintiff and his family remain in grave danger of repeated exposure to human excreta passed into his premises and the repeated violation of his right to peaceful possession of the premises by the defendants, their workers and privies,” the suit states.

“It is in the interest of justice, the safety and health of the plaintiff and his household, that the defendants should be permanently restrained from repeating the act of trespass against the plaintiff’s property, in the same or any other form.”

Harb told the Free Press he had to speak to his lawyer before commenting.

Rogers offered an apology to Harb on Tuesday.

“We sincerely apologize to our customer and his family for this incident,” the company wrote in an emailed statement to the Free Press. “We have reached out to the customer and we are taking steps to make it right.”

chris.kitching@freepress.mb.ca

Twitter: @chriskitching