Conservation authority seeks removal from lawsuit claim

A Mississauga man’s intended lawsuit against the City of Hamilton and others for his 2016 fall at Albion Falls is wrong in naming the Hamilton Conservation Authority (HCA) and its foundation, says the authority.

Lawyers for Corey Dixon, 23, have filed a statement of claim against the city, the HCA and its foundation — and the Bruce Trail Conservancy, the Ministry of Natural Resources and Forestry, and the Niagara Escarpment Commission.

The claim alleges they were all negligent in taking care of the staircase and the area at Albion Falls while open to the public.

However, Hamilton Conservation Authority spokesperson Brittany Berlinghoff said the authority has no property in the area.

“As HCA does not own or manage any property at Albion Falls, we will be petitioning the court to remove our name from the proceeding,” Berlinghoff said.

Dixon is seeking damages of $390,000 — the maximum amount allowed for pain, suffering and loss of enjoyment of life, says his lawyer — but has left another search for damages for loss of income open-ended for the courts to decide.

Dixon fell at the bottom of the stairs after visiting the area at night during the earlymorning hours of February 27, 2016.

The allegations have not been proven in court.