A Toronto man is suing the Santa Claus Parade after he was partially blinded by a clown.

On Nov. 16, 2008, Mark Weist and his son were at the Santa Claus Parade. It was a windy, rainy day with the temperature hovering around freezing. As they waited for the floats, the clowns who traditionally start the parade made their way downtown.

According to a statement of claim filed with the Ontario Superior Court of Justice last Nov. 1, a celebrity clown “forcefully threw a frozen miniature candy bar” which hit Weist in the right eye.

He is seeking $500,000 for his injuries, which have caused him “great pain, suffering, profound shock and permanent loss of vision.”

Weist would not comment to the Star. His lawyer, Alan Preyra, said Weist doesn’t want to appear litigious, and is “concerned about being the guy who is suing Santa Claus.”

“He doesn’t want to make the parade look bad, especially at Christmas,” Preyra said.

“He feels badly enough. If he hadn’t lost his vision in his eye, he would have done nothing. He knows the organizers work hard and this was an unfortunate accident.”

The defendants named in the suit are the unidentified clown, John Doe, the parade corporation and members of the board. The parade has not filed a statement of defence and board members did not comment because the issue is before the courts.

Preyra said parade organizers have expressed an interest in negotiating a settlement.

“They’ve dealt with this with a great deal of dignity and appreciate the serious nature of the injury,” he said.

When Weist covers his left eye and tries to use the damaged eye, his vision is blurred, Preyra said, adding his client also developed Bell’s palsy, a paralysis or weakness of the muscles on one side of the face.

Weist’s enjoyment of life has been lessened, his ability to earn income has been compromised and he has out-of-pocket expenses for his medical bills, according to the statement of claim.

The statement attributes these injuries to the negligence of the parade organizers and “incompetent servants.” Weist had no “warning of the danger,” and organizers “allowed frozen projectiles to be thrown at unsuspecting bystanders when they knew or ought to know it was dangerous to do so.”

Celebrity clowns are goodwill ambassadors, usually from corporate boardrooms, who pay $1,000 to participate in the parade and toss candy at the beginning. There are usually 200 clowns, a mix of adults and children.

Preyra said the parade has “changed their protocol” since the incident. During the 2010 Santa Claus Parade, three weeks after Weist’s claim was filed, numerous signs warned clowns not to throw the candy. Clowns were told to gently toss or hand candy to children, and a newsletter italicized this information.

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Preyra said the young celebrity clown involved in the incident didn’t mean any malice.

“It’s so cold they (candy items) become like little rocks, and with the exuberance of some of the junior clowns, you can catch projectiles in the eye.”