Aboriginal woman found at bottom of laundry chute may be 'the author of her own misfortune': Delta Hotel

If Nadine Machiskinic did fall down the laundry chute at Regina's Delta Hotel, then "she is the author of her own misfortune."

That's according to a statement of defence filed by the companies who owned the hotel on Jan. 10, 2015; the day the aboriginal mother of four was found fatally injured at the bottom of the hotel's laundry chute. 

Those companies were sued earlier this year by the mother and children of Machiskinic who allege the 29-year-old mother-of-four "plunged ten storeys down a laundry chute to her death at the Delta Regina Hotel."

The statement of claim alleges "the defendants were negligent in the construction, maintenance, repair, design and failure to sequester, and monitoring of the laundry areas."

The lawsuit claims the facility was unlocked and unmonitored which made it "a hidden and inviting danger."

"As a result of the defendant's negligence and breach of duty of care, Nadine sustained personal injuries" which led to her death.

Delta's statement of defence

In their statement of defence, filed last month, the defendants admit Machiskinic was found in the basement laundry room, but "the Delta defendants deny any negligence on their part causing or contributing to any injury of Ms. Machiskinic."

Delta defendants say they "have no information to admit or deny that Ms. Machiskinic plunged ten storeys down a laundry chute to her death.- Delta defendants statement of defence

As to the cause of Machiskinic's injuries, the defendants claim they don't know how she got into the laundry room and "have no information to admit or deny that Ms. Machiskinic plunged ten storeys down a laundry chute to her death."

The statement of defence points out the laundry chute on the 10th floor "was located behind a locked door." The defendants say the hotel took reasonable care to ensure the laundry chute and room were secure and properly maintained.

A document obtained by CBC gives some insight into what police learned about the tenth floor laundry chute and the basement laundry room.

The family asked the Public Complaints Commission to review the police investigation into this matter and CBC has obtained a copy of that review.

The PCC letter says the tenth floor laundry chute is located behind a heavy steel door that locks. However police also observed "when they opened the door and let it close repeatedly, it failed to close completely and latch. The door could be pushed open."

Investigators also discovered that the basement laundry room door was open the night Machiskinic died "as hotel staff was doing catch up laundry because some of their washing machines were out of service."

Hotel explains how Machiskinic may have fallen down laundry chute

Delta's statement of defence says "if Ms. Machiskinic did gain access to the laundry chute from the tenth floor and went down the laundry chute as alleged, she is the author of her own misfortune."

It goes on to offer some possible explanations as to how that might have happened, including:

• "Trespassing into an area of the Delta Regina Hotel in which she was not permitted.
• "Doing a stunt or taking an action which was patently reckless and in which she courted injury and/or death."
• "Failing to take precautions for her own safety."

None of these claims have been proven in court.

While this lawsuit winds its way through the courts, the Regina Police Service says its investigation continues. Just last week police released a surveillance video image of two people at the hotel's front desk. Police say they are not suspects but officers want to speak with them.