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Statement of Claim, Issued Nov 27, 2017
Statement of Claim, Issued Nov 27, 2017
Statement of Claim, Issued Nov 27, 2017
ONTARIO
SUPERIOR COURT OF JUSTICE
TWEEN
COREY DIXON
Plaintiff
and
Defendants
STATEMENT OF CLAIM
TO THE DEFENDANTS
If you are served in another province or territory of Canada or in the United States
of America the period for serving and filing your Statement of Defence is forty days If you
are served outside Canada and the United States of America the period is sixty days
2
Instead of serving and filing a Statement of Defence you may serve and file a
Notice of Intent to Defend in Form 18B prescribed by the Rules of Civil Procedure This
will entitle you to ten more days within which to serve and file your Statement of Defence
IF YOU PAY THE PLAINTIFFS CLAIM and 10 000 for costs within the time for
serving and filing your statement of defence you may move to have this proceeding
dismissed by the court If you believe the amount claimed for costs is excessive you may
pay the plaintiffs claim and 400 for costs and have the costs assessed by the court
Court Office
45 Main St E
Hamilton ON L8N 2B7
CLAIM
deem just
THE PARTIES
2 The Plaintiff Corey Dixon Corey resides in the City of Mississauga in the
Province of Ontario
City of Hamilton built a concrete staircase that leads to the base of the Albion Falls in the
City of Hamilton in the Province of Ontario the Staircase At all material times the City
of Hamilton was the occupier responsible for managing maintaining and repairing the
5
Staircase The City of Hamilton was also the occupier responsible for inter alia managing
maintaining and repairing areas adjacent to the Staircase specifically the grounds at the
bottom of the Staircase leading down to the base of the Albion Falls as well as the paved
walkway and other grounds at the top of the staircase the premises The City of
Hamilton had jurisdiction and control over the Staircase and the premises
incorporated pursuant to the laws of Ontario In the alternative Bruce Trail built the
Staircase and was responsible for inter al a managing maintaining and repairing it The
Bruce Trail was also responsible for managing maintaining and repairing the premises
5 The Defendant Her Majesty the Queen in right of the Province of Ontario
the Province of Ontario which reports to the Minister of Natural Resources and Forestry
7 At all material times and in the alternative the Minister of Natural Resources
through and with its agents servants and employees including the Defendant Niagara
Escarpment Commission was responsible for inter alia managing maintaining and
repairing the Staircase and or the premises The Minister of Natural Resources and or the
Niagara Escarpment Commission had jurisdiction and control over the Staircase and the
premises
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and in the alternative the Conservation Authority was the occupier responsible for
alternative the Conservation Foundation was the occupier responsible for managing
entity doing business in the Province of Ontario In the alternative ABC Company is the
occupier responsible for managing maintaining and repairing the Staircase and or the
premises The correct identity of ABC Company is known to one or more of the
THE FALL
Albion Falls He parked his car at the Albion Falls Parking Lot the parking lot on
Arbour Road
12 The parking lot was not gated The parking lot was not controlled The
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13 After Corey parked the car he walked on Arbour Road and crossed
Mountain Brow Blvd to get to a paved pedestrian walkway that leads directly from
14 The Staircase was not gated or fenced The Staircase was not controlled
15 The Staircase and the premises had insufficient and inadequate lighting
16 The Staircase was covered in ice and snow There were footprints on the
icy and snowy Staircase demonstrating others had also used the Staircase before
Corey
17 The Staircase is equipped with two handrails one on each side of the
Staircase Neither handrail extends all the way down to the bottom of the Staircase
Each handrail falls short of extending to the last step of the Staircase creating a hidden
concealed and unusual danger in the form of a trap that is inherently dangerous
18 Corey descended the Staircase and walked all the way down to its bottom
When he reached the bottom of the Staircase he felt unsafe to proceed and decided to
warning he slipped on the ice and snow that had accumulated on the bottom of the
20 Corey continued to slip on the slick ice covered grounds at the bottom of
the Staircase sliding all the way to the rock ledge of the Albion Falls
22 Corey continued to slide and ultimately fell over the ravine and the edge
of the rock ledge landing violently on the rocks at the bottom of the Albion Falls near
the river the fall Corey was lying helpless on the ground for over an hour and half
THE STAIRCASE
24 The Staircase is not a recreational trail The Staircase did not form part of
THE PREMISES
25 The premises are not a recreational trail The premises did not form part of
26 The Defendants are jointly and severally liable for Coreys damages
27 The Defendants were negligent and breached their duty of care under the
bottom step
c they knew or ought to have known that the length of the handrails
d they failed to warn Corey about the trap and or unusual danger
condition they created a danger and a trap for patrons like Corey
and repair to ensure that the Staircase and the premises were safe
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ensure that the Staircase and the premises were safe for publics
i knowing that the Staircase and the premises were not safe for
public use they failed to take reasonable or any steps to close it off
to the public
I they failed to warn Corey about the traps and or other hidden and
n they knew or ought to have known about at least fourteen other slip
and fall incidents at the Albion Falls resulting in deaths and severe
took no action to make the premises and the Staircase safe for
p knowing about the hidden and unusual dangers at the Albion Falls
of grave harm
q they failed to keep adequate records of past slip and falls incidents
premises
reduced staff and equipment and took other cost cutting measures
would not and could not be kept free of hazardous conditions and
disrepair
v they knew or ought to have known that the accumulation of ice and
w they failed to properly salt and or sand the Staircase and or the
x they failed to take steps to remove the ice build up from the
z any warning signage posted in or around the Albion Falls was not
trap and or unusual danger that was likely to cause injury to persons
on the premises
hh they failed to take steps to remove the ice build up from the
amended
DAMAGES
subclavian
fracture
n a sternal fracture
a personality change
b inability to ambulate
c impaired mobility
e impaired coordination
h back pain
k disabling headaches
n pain and discomfort in his left hand elbow chest neck and
back
r a loss of stamina
33 As a result of his injuries and impairments Corey has been put to medical
and other health care expenses which will continue for the rest of his life He claims
damages for the cost of his past and future medical rehabilitation and other health care
expenses
difficulties which will permanently impair his enjoyment of life Corey claims damages
loss of income and will continue to sustain a loss of income a loss of competitive
advantage in the employment field and a diminution of income earning capacity Corey
claims damages for his past loss of income and his future loss of earning capacity
36 As a further result of his injuries and impairments Corey has incurred and
will continue to incur out of pocket expenses He claims damages for his out of pocket
expenses
37 As a further result of his injuries and impairments Corey has been and will
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continue to be unable to maintain his home and carry out his domestic responsibilities to
the standard that he was previously accustomed Corey claims damages for
a his pecuniary losses up to the date of trial arising from his inefficiency
b his non pecuniary losses up to the date of trial that are attributable to
same manner and quality that he had done prior to his fall
d his future pecuniary losses that are attributable to his future inability to
THE TRIAL
38 Corey proposes that this action be tried at the City of Hamilton in the
Province of Ontario
OATLEY VIGMOND
Personal Injury Lawyers LLP
151 Ferris Lane Suite 200
Barrie ON L4M 6C1
Robert M Durante
Ben Irantalab
Short Title of
ProCele dingS
14 Ptent cCovO
STATEMENT OF CLAIM
OATLEY VIGMOND
Personal Injury Lawyers LLP
200 151 Ferris Lane
Barrie ON L4M 6C1