SURREY — A man suing a Surrey fitness centre for injuries he claims resulted from equipment breaking and falling on him while he was exercising tried to have the equipment's manufacturer added to his lawsuit, but his application was denied.
Belal Nour filed his lawsuit in 2010 against the City of Surrey and the Young Men's Christian Association of Greater Vancouver, Inc. doing business as Tong Louie Family YMCA, but his claim against the city has since been discontinued.
Belal says he was exercising at the Tong Louie Family YMCA in Surrey on Dec. 14, 2009 when the alleged incident happened.
"The defendant denied liability and alleged that the plaintiff had been using the equipment improperly, negligently and not in the fashion directed by the instructions located on the equipment," Master Ian Caldwell noted Friday.
Caldwell heard Nour's application in B.C. Supreme Court in New Westminster. The overall dispute has yet to be resolved in court, however.
Nour applied to file a Third Party Notice to have Brunswick Corporation, doing business as Life Fitness and StretchMate Inc., added to the lawsuit.
But Caldwell cited a dearth of information that would enable him to address certain procedural issues.
"Absent such evidence there is no basis upon which I can exercise my discretion in a judicial or judicious manner," Caldwell decided. "The plaintiff's application is dismissed without prejudice to his right to re-apply on the basis of further and proper materials and evidence."
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