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News (Media Awareness Project) - CN ON: Minto Ties Pot, Fatal Fall
Title:CN ON: Minto Ties Pot, Fatal Fall
Published On:2005-12-06
Source:Ottawa Sun (CN ON)
Fetched On:2008-01-14 21:42:46
MINTO TIES POT, FATAL FALL

Claims Mom Removed Screen To Air Out Room

One of Ottawa's largest landlords blames an 11-year-old boy's deadly
fall on his mother's use of marijuana.

On March 4, 2003, Shane Russell fell out a window in his mother's
10th-floor apartment. His mother Laura is suing the City of Ottawa and
her former landlord for $500,000. Russell blames her son's fall on an
alleged lack of safety measures in the window and an allegation the
landlord failed to install a screen despite repeated maintenance requests.

A statement of defence filed in court on behalf of Minto Management
Inc., three related companies and a former employee, denies any
responsibility.

The Minto defence document alleges Laura Russell removed a screen to
eliminate the odour of pot. It further alleges her son was reckless
and fell because of his own deliberate acts.

Like statements of claim, statements of defence contain allegations
which have not been proven in court.

"His behaviour just preceding the fall was reckless, excitable and
non-compliant in that he was hanging over the balcony joking about
jumping off," the defence document alleges.

The Minto document alleges prior to his fall that evening, Shane had
been on his apartment balcony yelling to other children in a
neighbouring apartment. It alleges he joked about jumping and dangled
a leg over the balcony.

It alleges Laura sent him to his room, but that the boy went into her
bedroom. It alleges the window when opened did not create a large
enough space for someone to fall through accidentally.

Laura rejected the allegations in the statement of defence, denying
she removed the screen.

While she admitted to occasionally using marijuana she said it had
nothing to do with her son's death.

"You don't need to take a screen out of a window to air out a room,"
she said.

She said she plans to file a response both to the Minto document and
the defence filed earlier this year by the city.

"My son loved life," she said, adding she believes melting ice on the
sill caused him to slip and fall.
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