VANCOUVER _ The B.C. Court of Appeal has dismissed a bid by the Vancouver Police Board to block a compensation suit related to the death of a man who was jolted with a Taser almost four years ago.

Robert Bagnell died in police custody in June of 2004 during an altercation with Vancouver police.

His family is suing the Police Board under the Family Compensation Act, claiming the Board was negligent in supplying police officers with Tasers, and failed to ensure the stun guns were independently tested and properly maintained.

The Board attempted to have the suit dismissed, claiming it had no reasonable chance to succeed, and the city of Vancouver should be the target of any suit.

But a lower court rejected the argument, and the B.C. Court of Appeal has upheld that ruling.

The appeal court says it's not obvious that the claim against the Police Board would fail, and the issue should be left to be argued during a trial. © 2008 The Canadian Press