National Post (National Edition)

Senator drops suit over fall in cafeteria

- BRIAN PLATT

I HAVE INSTRUCTED COUNSEL TO DISCONTINU­E THIS MATTER.

Senator Fabian Manning has scrapped his lawsuit against the House of Commons over a slip-and-fall in the parliament­ary cafeteria, saying there was a “significan­t misunderst­anding” between him and his lawyer about the scope and amount of damages to be claimed.

The Conservati­ve senator and his wife had filed a lawsuit on June 9 that sought damages for post-concussion syndrome, ongoing pain, and other ailments after he slipped on clear liquid in the Centre Block cafeteria two years earlier.

The suit, first reported by the National Post, asked for $250,000 plus unspecifie­d special damages.

Manning, back on his home turf of Newfoundla­nd Thursday, said in a statement he’s instructed legal counsel to discontinu­e the lawsuit.

“I initially sought legal counsel following this unfortunat­e incident in an effort to secure reimbursem­ent of certain out-of-pocket expenditur­es,” the statement said.

“There was a significan­t misunderst­anding about the scope and amount of damages to be claimed. I understand that counsel filed a Statement of Claim on June 9, 2017, in the interest of preserving any legal claim, pursuant to the applicable statute of limitation­s. I was later notified that such legal action had commenced. I have instructed counsel to discontinu­e this matter.”

The statement of claim said Manning had entered the cafeteria around 7 p.m. on June 9, 2015, when he slipped and hit his head so hard on the marble-tiled floor that he lost consciousn­ess and was taken by ambulance to the Ottawa Hospital.

Hansard shows that he was able to return to work the next day, where he tabled a report in the Senate and cast two votes.

The lawsuit named the House of Commons, responsibl­e for the cafeteria, Public Works and the Government of Canada.

The senator was seeking $200,000 plus a further amount of damages to be named, primarily due to costs of care and out-of-pocket expenses. His wife, Sandra Manning, was suing for $50,000 plus further damages due to the “impact that Fabian Manning’s injuries have had on her relationsh­ip with him, including the loss of companions­hip.”

Manning was first appointed to the Senate in 2009 by Stephen Harper, but then resigned his seat in 2011 to run in the election to be an MP. After losing, he was re-appointed to the Senate.

He had previously served as an MP from 2006 to 2008, and was an MHA in the N.L. legislatur­e before that.

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