Mercer v. Canada
T-2199-88
Rouleau J.
1/4/93
6 pp.
Action for damages sustained when plaintiff fell on stairs to main entrance to administration building at Pearson International Airport -- Action dismissed for failure to establish fall attributable to defendant -- Burden of proof remained on plaintiff as lack of any evidence to substantiate allegation of disrepair -- Claims officer employed by Transport Canada to investigate injury claims at airport interviewed witnesses and examined site, but did not prepare written report re: condition of repair of area, or results of interviews) -- Not interviewing superintendent of building who could have produced inspection reports, availability of which could have ended matter saving parties and Court considerable expense, time and effort -- Because of claims officer's irresponsible attitude Court deviating from custom of awarding costs to successful party.