KENSINGTON, P.E.I. — The Attorney General of Canada is suing the Kensington Seniors Housing Co-op because of the latter’s alleged failure to salt an icy walkway.
According to a statement of claim filed on Dec. 20, 2019 with P.E.I. Supreme Court, the legal action is related to an injury sustained by a Canada Post rural mail carrier.
The document states that on Dec. 20, 2017, at about 10:30 a.m. the carrier parked her car adjacent to the sidewalk near the front door of the Kensington housing complex at 8 Walker Dr.
When she stepped out of the vehicle, she slipped and fell on an icy walkway. She suffered unspecified injuries to a knee.
On Jan. 12, 2018, the carrier submitted an unspecified claim under the Government Employees Compensation Act as she was unable to perform her employment duties for an unspecified period of time.
According to the act, the Government of Canada retains the right to subrogate a claimant, which means they can pursue legal action in their place in order to recoup costs associated with a claim.
The exact amount the government is seeking is not listed in the statement of claim, but it does say it is seeking general damages, special damages, pre-judgment interest, legal fees and any other funds deemed appropriate by the court.
The attorney general’s office proposed trying this case in Charlottetown.
The housing co-op had 20 days to respond to the statement of claim from the date it was served. As of Jan. 13, no defence had been submitted to the court.
