Woman sues after falling on ice
A woman is suing a condo corporation after falling on the ice.
A woman is suing a condo corporation after falling on the ice.
Clara Stark alleges the Whitehorse Condominium Corporation Number 6 was negligent in that it failed to properly perform ice and snow removal on a property it owns.
The woman is seeking general and special damages for an unspecified amount.
The incident the woman is suing for happened on March 24, 2015.
“While walking back from the dumpster located in the back parking lot of the property, the plaintiff slipped and fell on ice on the walkway, landing on or near a parking stall cement barrier and sustaining juries,” the statement of claim reads.
Stark alleges the corporation failed to have a snow and ice removal maintenance system in place.
A snow removal company referred to as “ABC company” and a man referred to as “John Doe” are also named as defendants.
In her statement of claim, Clark says the man and the company had been contracted by the condo corporation to perform snow removal.
She alleges the man and the company didn’t properly clear the ice and snow from the parking lot.
Clark said she dislocated and fractured her left shoulder, injured her left arm and left pelvis, sustained injuries to her hip and suffered emotional distress.
“As a further result of the injuries, the plaintiff has suffered a loss or reduction of the quality of life, including the loss or impairment of the ability to engage in domestic, social, and recreational activities,” the claims reads.
The action was filed on Tuesday.
No statement of defence has been provided to date.
None of the claims have been proven in court.
The defendants couldn’t be reached for comment by press time this afternoon.
The lawsuit isn’t the first of the kind to be filed before Yukon Supreme Court.
Last November, the chief of the Tahltan Band Council of Telegraph Creek, B.C., sued the Salvation Army after slipping on ice at the bottom of the Black Street building ramp last year.
Theresa Brown claimed she broke her wrist as a result of the fall.
In 2014, a Dawson City woman sued the Real Canadian Superstore in Whitehorse after she slipped on a patch of ice and fractured her right ankle.
The case opposing Judit Bostone-Graf and Loblaws Inc., the owner of the Superstore, had been scheduled to go to trial last December.
In 2012, a Pelly Crossing woman won $26,000 after Yukon Supreme Court Justice Leigh Gower ruled the Superstore had breached its duty of care to protect customers from “reasonably foreseeable” hazards.
The woman tripped on a dolly near the customer service desk and fractured her right knee in a 2006 accident.
Comments (7)
Up 0 Down 0
stan fordyce on May 20, 2016 at 7:20 am
If you were involved in your condo corp business you would realize that if you are an owner, you need to accept some responsibility and participate in the condo business and meetings. To state that maximum fees are an issues, then go to a meeting and find out why and what services the condo corp has to pay for and BE INVOLVED !!!!!!!
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It's not always money on May 19, 2016 at 12:34 pm
Not every lawsuit is a cash grab. Unfortunately, if someone is permanently injured and requires upgrades to their home, can no longer drive, require certain medical equipment etc. they need to spend money they sometimes may not have (especially in their later years). No one will just pass out the cash to them as that admits fault. A law suit is the only way to recover the expenses for these things. Sometimes it's no ones fault, snow melts and water freezes in low points, even with the best of footwear, ice is slippery, bones are brittle, people get hurt. Not everyone is out to get rich quick, sometimes this is the only way to keep your head above water when your life is dramatically changed.
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Understand on May 18, 2016 at 11:33 am
Most people don't sue for money. They sue for change! If situations such as this one are not brought to light and the corps held accountable then nothing will ever change. Condo owners pay a LOT of money in fees and for what?? City of Whitehorse water / sewer payments are less than many condo fees.... for what - cause they shovel when they feel like it?!
Condo corp services and fees need to be regulated. Suing them is what will give the courts case history and the strength to enforce their promises and in turn hold the corporations accountable.
If you're doing this for the right reason then GOOD FOR YOU. Make history and promote change for a better future.
And all the best in your recovery.
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June Jackson on May 17, 2016 at 5:15 pm
It's interesting to note that in a 2014 survey, the number 1 way Canadians thought they could get rich was winning the lottery. #2? Suing someone.
I dress appropriately for the winter weather, I watch where i am going, I try to be careful... I've completely screwed myself out of a wealthy old age..damn..I'll never be able to sue anyone!
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Good on May 14, 2016 at 6:06 pm
Maybe these condo corps will actually do their jobs! They revel while providing the bare minimum of service while charging maximum dollar! i say good, sue the pants off them and maybe they'll actually provide the service they're supposed to provide!
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Just Say'in on May 13, 2016 at 9:37 pm
Oh come on. When it is winter it is slippery. What ever happened to personal responsibility? There is no way you can clean snow all around parking curbs. Look where you are stepping and wear proper foot ware.
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moe on May 13, 2016 at 6:09 pm
All these people suing people and companies when they should invest in winter foot wear. It's winter, it's the Yukon, there's going to be ice.