A Guelph man injured in a fatal 2021 townhouse fire is suing the City of Guelph, County of Wellington and others for $1 million collectively. He claims they failed to ensure the home was safe to be in because of alleged “negligence” including a lack of fully-functioning smoke alarms.
The man, who was living with others at a Westwood Road townhouse, insists in a statement of claim that the defendants failed to meet their “statutory duty to ensure that invitees and persons attending at the premises were reasonably safe while on the premises.”
“As a result of his injuries, the plaintiff has experienced and will continue to experience pain, suffering, emotional disturbance, and limitation of motion which has and will continue to diminish his enjoyment of life,” the court filing states. “The plaintiff will continue to experience pain and suffering, he will be predisposed to easy re-injury and will not be able to resume his previous lifestyle for an indefinite period of time.”
The allegations have not been tested or proven in court and no statements of defence have been filed at this time.
As is their standard practice, representatives of the city and county declined to comment on a matter that is before the court.
Both the city and county are identified in the lawsuit as “the owner and/or occupier and/or property manager of the premises and/or its immediate surroundings or was otherwise responsible for the administration, maintenance, and/or upkeep of the premises.”
Their alleged acts of negligence include permitting the premises to be, to become or to remain in a dangerous or unsafe condition prior to the fire; failure to have a reasonable system of care, inspection and maintenance of the property; and failure to properly train employees, servants and/or agents regarding how to respond to a fire.
The lawsuit further claims the smoke and fire alarm system wasn’t “maintained in fully functioning operating condition at all times,” a lack of inspections or tests, failure to undertake repairs or upgrades in order to mitigate the risk of fire, and the property wasn’t maintained as smoke-free in order to minimize fire risk.
The man claims to have “sustained serious and permanent personal injuries” during the March 4, 2021 fire which started on or near a couch in the basement and spread throughout the building.
Injuries listed include to his arms, neck, back, chest, abdomen, legs, ankles, wrists and hips. Smoke inhalation, respiratory damage, burns “bruising and contusions to his entire body” and “injuries connected to his psychological well-being, stress, anxiety and emotional well-being” are also cited in the lawsuit.
The day of the fire, Guelph police reported a female was found inside the residence and taken to Guelph General Hospital where she was pronounced deceased. A male was also taken to hospital with what was described as minor injuries.
Rupinder Kaur Gill Bateman, who was identified in the statement of claim as “the property manager and/or occupier and/or owner of the premises and/or its immediate surroundings,” is the person who died in the fire.
“As a result of the fire, the plaintiff has sustained and will continue to sustain a loss of income, a reduction in his ability to compete in the labour market, a reduction in his ability to earn an income and restrictions in the types of employment he will be able to undertake,” the lawsuit adds. “As a result of the incident, the plaintiff may be forced to retire earlier than he would otherwise have done and will suffer a loss of income as a result.”
