ELORA – Court documents show the Elora Legion and Township of Centre Wellington are denying either of them are responsible for injuries a Waterloo woman suffered when she slipped on ice heading towards the legion in 2023.
Statements of defence from the Elora Legion and the township for a $850,000 lawsuit alleged the woman injured when she slipped outside the legion branch was negligent and failed to take the proper precautions to avoid the fall.
The lawsuit, claims within and statements of defence have not been tested in court.
According to a lawsuit filed in Kitchener, a Waterloo woman and her two adult children seek at least $850,000 in damages following a March 2023 slip on ice.
It claims the woman suffered a head injury when she fell and hit the back of her head, causing a haematoma and a concussion requiring medical and rehabilitation treatments. It also claims she has had ongoing pain and problems and has been off work from her job at Conestoga College since the incident.
The lawsuit blames the legion and township for not preventing this slip through inspection, using salt or de-icer or maintenance and permitting a dangerous condition to exist and failing to give adequate warning about the condition of the area.
Although separate statements of defence were filed by co-defendants, both deny the sidewalk and entrance way were poorly maintained and claim the plaintiff was the “author of her own misfortune” as she failed to take proper precautions such as inadequate footwear, walking too quickly, impaired by fatigue, medication, drugs or alcohol, not wearing corrective lenses and being distracted.
Both statements of defence also say any disrepair or lack of maintenance to the sidewalk or entrance way, which is not admitted to, should have been clear to the woman for her to take precautionary measures.
The township also pleads the damages sought are excessive and shouldn’t exceed $35,000 and should have been brought to small claims court.
The legion’s statement of defence also noted if the woman did sustain losses or damages from this incident, it is the fault of the township for failing to maintain a safe pedestrian path through snow removal and de-icing.
Both defendants have filed cross-claims against each other, meaning both believe the other party should be responsible to pay should a judgment be ruled in the plaintiff’s favour.
