Class action lawsuit for people affected by fatal Prince George motel fire can proceed, court rules
The B.C. Supreme Court has agreed to certify a class action lawsuit brought by one of the survivors of a deadly fire at a Prince George motel in 2020.
The court's certification of the class action does not mean that the defendants – the motel's owner and franchisor, the city and two fire inspection businesses – were negligent or that the lawsuit will ultimately succeed.
Rather, it means that Justice Marguerite H. Church found that the lawsuit brought by Leonard Hay satisfies the requirements of B.C.'s Class Proceedings Act.
THE FIRE
Hay suffered severe burns in the fire at Econo Lodge Prince George on July 8, 2020, according to Church's decision.
He was staying in room 243 on the second floor on the southeast side of the motel, which was where the fire caused the most damage.
According to the decision, Hay heard screams from the room next door. He went to the window and saw flames outside his room.
"The window of the room then exploded, throwing him backwards," Church wrote in her decision.
"Mr. Hay ran to the bathroom at the rear of the room, put a wet towel over his head and then exited the room. When he opened the door, he burned his hand on the door handle and then ran through the flames and smoke. He was unable to make his way down the walkway or stairway due to the thick smoke and flames. When his clothing caught fire, he threw himself over the balcony to the courtyard below. He did not hear any fire alarms or see motel staff assisting people to evacuate the motel."
The fire broke out around 8:40 a.m., according to the decision. Prince George fire crews responded to the motel on Victoria Street near Ninth Avenue and put out the flames.
Three bodies were found inside the building around 12:30 p.m., and police soon determined the fire had been intentionally set.
"Evidence of gasoline was found in several areas near the southeast stairway," the court decision reads.
"The B.C. Prosecution Service has approved charges, including arson in relation to inhabited property, against one individual."
The decision does not name the accused.
THE CLASS
Hay's lawsuit proposes a class of people with common issues arising from the fire and the alleged negligence of the defendants he claims contributed to it.
"The plaintiff asserts that the arson which damaged the motel was only possible due to the negligence of the defendants, including inadequate security, lack of control of third parties on the premises, and unsafe conditions at the motel," Church wrote in the decision.
"The plaintiff also asserts that the defendants’ acts or omissions led to a lack of response from any fire alarm, fire suppression system, or fire safety plan. The plaintiff submits that the ability of the Fire to spread quickly and cause damage was exacerbated due to unsafe operations, and inadequate fire safety or warning systems. In consequence, the impact of the Fire on proposed class members was supposedly greater than it should have been."
The lawsuit defines the proposed class as all registered guests of the motel and everyone who was present at the motel and its adjoining restaurant at the time of the fire, plus the personal representatives and dependents of the people who died in the blaze.
Expressly excluded from the class, however, are anyone employed by or acting on behalf of the defendants, as well as "any person who intentionally started the fire or conspired to start the fire."
THE DECISION
The defendants argued that the definition of the proposed class was "overly broad" and could include people who have no interest in the common issues, according to Church's decision.
They also argued that the definition was "insufficiently objective," that individual issues faced by individual class members would predominate over the common issues, and that many of the common issues asserted are "non-substantive."
Church rejected each of these arguments, finding that "the plaintiff has established that the pleadings disclose a cause of action, there is an objectively identifiable class, the claims of the class members raise common issues, a class proceeding is the preferable procedure, and that he is a suitable representative plaintiff."
She rejected Hay's claim for the defendants to pay his court costs, however, noting that the defendants were within their rights to oppose the certification of the class action and had not advanced "vexatious," frivolous or abusive arguments.
"In the circumstances of this proceeding, the defendants’ opposition to the certification application was based on genuine issues arising from the requirements imposed by the certification test," Church wrote. "The mere fact that the defendants have been unsuccessful in their opposition to certification does not mean that they did not have a viable legal basis for their opposition."
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Train derailed in Sarnia after colliding with a truck
Police are investigating after a transport truck collided with a train in Sarnia.
Fewer medical students going into family medicine contributing to doctor shortage
As some family doctors are retiring and others are moving away from family medicine, there are fewer medical students to take their place.
'It's discriminatory': Individuals refused entry to Ontario legislature for wearing keffiyeh
Individuals being barred from entering Ontario’s legislature while wearing a keffiyeh say the garment is part of their cultural identity— and the only ones making it political are the politicians banning it.
Bodies found by U.S. authorities searching for missing B.C. kayakers
United States authorities who have been searching for a pair of missing kayakers from British Columbia since the weekend have recovered two bodies in the nearby San Juan Islands of Washington state.