Court File No 6MS

ONTARIO
SUPERIOR COURT OF JUSTICE

TWEEN

COREY DIXON

Plaintiff

and

THE CORPORATION OF THE CITY OF HAMILTON THE HAMILTON REGION

CONSERVATION AUTHORITY THE HAMILTON CONSERVATION FOUNDATION THE
BRUCE TRAIL CONSERVANCY HER MAJESTY THE QUEEN IN RIGHT OF THE
PROVINCE OF ONTARIO as represented by the MINISTER OF NATURAL
RESOURCES AND FORESTRY NIAGARA ESCARPMENT COMMISSION and ABC
COMPANY

Defendants

STATEMENT OF CLAIM

TO THE DEFENDANTS

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the

plaintiff The claim made against you is set out in the following pages

IF YOU WISH TO DEFEND THIS PROCEEDING you or an Ontario lawyer acting

for you must prepare a Statement of Defence in Form 18A as prescribed by the Rules of
Civil Procedure serve it on the plaintiffs lawyer or where the plaintiff do not have a
lawyer serve it on the plaintiff and file it with proof of service in this court office WITHIN
TWENTY DAYS after this statement of claim is served on you if you are served in
Ontario

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
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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 FAIL TO DEFEND THIS PROCEEDING JUDGMENT MAY BE GIVEN

AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU If
you wish to defend this proceeding are but unable to pay legal fees legal aid may be
availableto you by contacting a local Legal Aid office

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

TAKE NOTICE THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it has

not been set down for trial or terminated by any means within five years after the action
was commenced unless otherwise ordered by the court

Date November 87 2017 Issued by

Regist

Court Office
45 Main St E
Hamilton ON L8N 2B7

TO THE CORPERATION OF THE CITY OF HAMILTON

Hamilton City Hall
71 Main Street West
Hamilton ON L8P 4Y5

AND TO THE BRUCE TRAIL CONSERVANCY

55 Head Street Suite 101
Dundas ON L9H 3H8

AND TO THE HAMILTON REGION CONSERVATION AUTHORITY

HCA Main Administrative Office Woodend
838 Mineral Springs Brow Blvd
Ancaster ON L9G 4X1
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AND TO THE HAMILTON CONSERVATION FOUNDATION

838 Mineral Springs Road
P O Box 81067
Ancaster ON L9G 4X1

AND TO HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF

ONTARIO as represented by the MINISTER OF NATURAL
RESOURCES
McMurtry Scott Building
720 Bay Street 11th Floor
Toronto ON M7A 2S9

AND TO NIAGARA ESCARPMENT COMMISSION

232 Guelph Street
Georgetown ON L7G 4B1

AND TO ABC COMPANY

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CLAIM

1 The Plaintiff Corey Dixon claims

a Non pecuniary damages for pain suffering and loss of

enjoyment of life in the amount of 390 000 00

b Special past and future pecuniary damages in an amount to

be determined at the trial of this action

c Prejudgment interest pursuant to the provisions of section 128

of the Courts of Justice Act R S O 1990 c C 43

d Post judgment interest pursuant to the provisions of section

129 of the Courts of Justice Act R S O 1990 c C 43

e Costs of this action on a substantial indemnity basis and

f Such further and other relief as to this Honourable Court may

deem just

THE PARTIES

2 The Plaintiff Corey Dixon Corey resides in the City of Mississauga in the

Province of Ontario

3 The Defendant The Corporation of the City of Hamilton the City of

Hamilton is a municipal corporation incorporated pursuant to the laws of Ontario The

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
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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

4 The Defendant the Bruce Trail Conservancy Bruce Trail is a corporation

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

represented by the Minister of Natural Resources and Forestry Minister of Natural

Resources is named in these proceedings pursuant to the provisions of the Proceedings

Against the Crown Act R S O 1990 c P 27 and the amendments thereto

6 The Defendant the Niagara Escarpment Commission is a Crown Agency of

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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8 The Defendant the Hamilton Region Conservation Authority the

Conservation Authority is a corporation or partnership or business entity doing business

as an environmental management agency in the Province of Ontario At all material times

and in the alternative the Conservation Authority was the occupier responsible for

managing maintaining and repairing the Staircase and or the premises

9 The Defendant the Hamilton Conservation Foundation the Conservation

Foundation is a corporation incorporated pursuant to the laws of Ontario In the

alternative the Conservation Foundation was the occupier responsible for managing

maintaining and repairing the Staircase and or the premises

10 The Defendant ABC Company is a corporation or partnership or business

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

Defendants at this time and is not known to the plaintiff

THE FALL

11 In the early morning hours of February 27 2016 Corey attended the

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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parking lot was open to public use

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

Mountain Brow Blvd to the top of the Staircase

14 The Staircase was not gated or fenced The Staircase was not controlled

The Staircase was open to public use

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

turn around and climb the Staircase back up to the sidewalk

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19 As Corey turned around to climb up the Staircase suddenly and without

warning he slipped on the ice and snow that had accumulated on the bottom of the

Staircase and fell violently to the ground

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

21 There was no fence or safety barricade at the rock ledge

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

causing him to suffer from hyperthermia

23 As a result of the fall Corey suffered serious and permanent injuries

THE STAIRCASE

24 The Staircase is not a recreational trail The Staircase did not form part of

a recreational trail The Staircase was not marked as a recreational trail

THE PREMISES

25 The premises are not a recreational trail The premises did not form part of

a recreational trail The premises were not marked as a recreational trail

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RECKLESS DISREGARD NEGLIGENCE AND THE BREACH OF DUTY

26 The Defendants are jointly and severally liable for Coreys damages

27 The Defendants were negligent and breached their duty of care under the

Occupiers Liability Act

28 The Defendants acted in reckless disregard to the presence of Corey on

the Staircase and the premises

29 The Defendants breached their duty of care by

a permitting a highly special dangerous condition of non repair to

exist by not extending the handrail of the Staircase to extend to the

bottom step

b failing to take steps to remedy the length of the handrails

c they knew or ought to have known that the length of the handrails

presented a trap and or an unusual danger that was likely to cause

injury to persons accessing the bottom of the staircase

d they failed to warn Corey about the trap and or unusual danger

presented by the shortened length of the handrails

e they were reckless or willfully blind to the dangerous conditions of

the Staircase and the premises and in failing to repair such

condition they created a danger and a trap for patrons like Corey

f they failed to have a reasonable system of inspection maintenance

and repair to ensure that the Staircase and the premises were safe
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for public use

g if they had a system of inspection maintenance and repair to

ensure that the Staircase and the premises were safe for publics

use they failed to take reasonable steps to implement that system

h they had prior knowledge of previous incidents precipitated by the

dangerous condition of the Staircase and the premises yet failed to

take any measures to prevent further incidents from occurring

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

U they created a hidden concealed and unusual danger in the form

of a trap from which Corey could not extricate himself from

k they caused or permitted to exist hidden or unusual dangers which

were likely to cause injury

I they failed to warn Corey about the traps and or other hidden and

unusual dangers on the premises and the Staircase

m they failed to mark concealed hidden or unusual dangers in or

around the Albion Falls

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

injuries Yet in callous disregard to Coreys safety the Defendants

took no action to make the premises and the Staircase safe for

public use or alternatively to close it off to the public

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o after being made aware of multiple rescues by the fire department

they deliberately decided not to review the use of fences or other

means to keep attendees away from hazardous drop offs

p knowing about the hidden and unusual dangers at the Albion Falls

including the Staircase and the premises the Defendants willfully

shut their eyes to such dangers placing Corey at an imminent risk

of grave harm

q they failed to keep adequate records of past slip and falls incidents

at the Albion Falls

r they failed to keep adequate records of complaints submitted by

residents pedestrians tourists and others about the safety

concerns at Albion Falls including the Staircase and the premises

s they ignored warnings from the City Counsellors that constituents

were reporting dangerous conditions on the Staircase and the

premises

t in an effort to reduce expenses they eliminated service contracts or

reduced staff and equipment and took other cost cutting measures

Consequently the Staircase the premises and the Albion Falls

would not and could not be kept free of hazardous conditions and

disrepair

u in an effort to promote tourism and increase profits the Defendants

took no steps to address the hazardous and dangerous conditions

at Albion Falls The Defendants put tourism and profits ahead of

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public safety especially the safety of Corey

v they knew or ought to have known that the accumulation of ice and

snow on the Staircase created a hazard yet they failed to ensure

that the Staircase was free from defects and hazards

w they failed to properly salt and or sand the Staircase and or the

premises or alternatively they failed to salt or sand at all

x they failed to take steps to remove the ice build up from the

Staircase in a timely manner

y they failed to post adequate signage to warn against the risks of

using the Staircase and or the premises

z any warning signage posted in or around the Albion Falls was not

visible to Corey in the circumstances of his fall

aa any warning signage posted was vague and confusing and

inappropriate for its intended purpose

bb they knew or ought to have known that the accumulation of ice

on the grounds at the bottom of the staircase in conjunction with the

lack of fencing and a safety barricade at the rock ledge presented a

trap and or unusual danger that was likely to cause injury to persons

on the premises

cc they failed to install a gate fence a safety barricade or other

mechanisms to bar access to the Staircase in winter conditions

when they knew or ought to have known that access to the

Staircase in the winter presented an obvious hazard

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dd they failed to install a gate fence a safety barricade or other

mechanisms to bar access to the Staircase in the dark when they

knew or ought to have known that access to the Staircase in the

dark presented an obvious hazard

ee they encouraged public access to the Albion Falls by

keeping the Staircase open to the public and by promoting Albion

Falls as a tourist attraction

if they failed to install a fence a safety barricade or other safety

measures at the rock ledge of the premises when they knew or

ought to have known that the unfenced rock ledge presented an

obvious hazard to persons on the Staircase and or the premises

gg they failed to take any measures to keep users of the

premises and or the Staircase away from the rock ledge

hh they failed to take steps to remove the ice build up from the

premises at the bottom of the Staircase in a timely manner

ii they permitted the Staircase and the premises to remain in a

dangerous state such that it constituted a public nuisance

jj they failed to exercise all due care in selecting employing and or

contracting competent responsible reasonable adequate and or

sufficient servants agents employees and or contractors for the

construction administration development design inspection

maintenance supervision signing and or testing of the Staircase

and the premises in order to maintain the Staircase and the

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premises in a safe condition

30 Corey pleads and relies on the provisions of

a Courts of Justice Act R S O 1990 c C 43 as amended

b Negligence Act R S O 1990 c N 1 as amended

c Insurance Act R S O 1990 c 1 8 as amended

d Building Code Act 1992 S O 1992 c 23 as amended

e Occupiers Liability Act R S O 1990 c 0 2 as amended

f Municipal Act 2001 S O 2001 c 25 as amended and

g Conservation Authorities Act R S O 1990 c C 27 as

amended

DAMAGES

31 As a result of the fall Corey sustained serious and permanent injuries

causing permanent serious impairment of important physical mental and psychological

functions His injuries include but are not limited to

a severe traumatic brain injury

b right subdural haemorrhage

c left temporo occipital hematoma

d T7 19 and 1 11 vertebral body fractures

e L1 compression fractures with canal involvement

f left superior and inferior pubic rami fracture

9 sacral bone fractures

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h traumatic ascending aortic pseudoaneurysm post left

subclavian

I traumatic pseudoneurysm of the left subclavian artery

i left elbow fracture

k elbow fracture with comminuted intra articular proximal ulnar

fracture

I L1 burst fracture with spinal cord injury resulting in neurogenic

bowel and bladder

m comminuted fracture of the sacrum

n a sternal fracture

o transection of the thoracic aorta

P left olecranon fracture with comminuted intra articular proximal

ulnar fracture requiring an ORIF

c1 grade 2 3 splenic injury and

r a bruising and a general wearing tearing and straining of the

muscles and connective tissues throughout his body

32 As a result of his injuries Corey currently suffers from

a loss of his cognitive ability including but not limited to

i a loss of his short and long term memory

H a loss of his ability to exercise proper judgement

iii a loss of his ability to organise thoughts and a loss of his

ability to identify and solve problems

iv a loss of his ability to focus and concentrate

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v a loss of his sense of balance and coordination

vi a loss of his ability to sleep soundly and

vii disabling emotional sequela including

a personality change

b impulsive and inappropriate behaviour

c irritability and uncontrolled outbursts of anger

d Post Traumatic Stress Disorder and

e depression anxiety and social introversion

b inability to ambulate

c impaired mobility

d impaired ability to stand

e impaired coordination

f impaired ability to sit for prolonged periods

g weakness throughout his body

h back pain

pain in his legs and feet

j neuropathic pain on both sides of his body

k disabling headaches

loss of sensation in his left hand

m weakness and a loss of the range of motion in his left hand

n pain and discomfort in his left hand elbow chest neck and

back

o significant allodynia in his left hand

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P bilateral thigh numbness and loss of sensation

c1 blurred vision and

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

34 As a further result of his injuries and impairments Corey will continue to

suffer pain disability limitation of movement cognitive impairments and emotional

difficulties which will permanently impair his enjoyment of life Corey claims damages

for his pain and suffering and loss of enjoyment of life

35 As a further result of his injuries and impairments Corey has sustained a

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

in maintaining his home and completion of his pre accident domestic

housekeeping and home maintenance responsibilities

b his non pecuniary losses up to the date of trial that are attributable to

pain suffering and mental anguish experienced while attempting to

complete his pre accident domestic housekeeping and home

maintenance duties and his failure to complete these tasks in the

same manner and quality that he had done prior to his fall

c compensation for any paid or gratuitous domestic housekeeping or

home maintenance tasks performed up to the date of trial by anyone

as a result of his inability to fully perform these tasks and

d his future pecuniary losses that are attributable to his future inability to

fully or partially engage in his pre accident domestic housekeeping

and home maintenance tasks

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THE TRIAL

38 Corey proposes that this action be tried at the City of Hamilton in the

Province of Ontario

Date November 027 2017

OATLEY VIGMOND
Personal Injury Lawyers LLP
151 Ferris Lane Suite 200
Barrie ON L4M 6C1

Robert M Durante
Ben Irantalab

Tel 705 726 9021

Fax 705 726 2132

Lawyers for the Plaintiff

 hx
Court File No
r
7 6 3667
DIXON and
THE CORPORATION OF THE CITY OF HAMILTON et al

Short Title of
ProCele dingS

SUPERIOR COURT OF JUSTICE

Proceeding commenced at BARRI E

14 Ptent cCovO

STATEMENT OF CLAIM

OATLEY VIGMOND
Personal Injury Lawyers LLP
200 151 Ferris Lane
Barrie ON L4M 6C1

Robert M Durante LSUC 39045H

Ben Irantalab LSUC 68447P

Tel 705 726 9021

Fax 705 726 2132

Lawyers for the Plaintiff