Class Action lawsuit filed by man injured in fatal Prince George motel fire

The lawsuit states Leonard Hay had been renting room 243 at the Motel, located at 910 Victoria Street for $1200 a month, when the fire broke out on July 8, 2020. It alleges as a result of the defendants’ conduct, the plaintiff and members of the Class have sustained severe physical and emotional injuries and suffered loss and damage including loss of life, loss of personal property, loss of housing, pain and suffering and loss of employment income both past and continuing into the future.

In a notice of civil claim, the lawsuit notes that the Motel was built in or around 1964 and says that Mundi Co. acquired the Motel in December 2018 and has operated it as a motel under the Econo Lodge brand.

It also states the Yolks All Day Family Restaurant was operating on or adjacent to the Motel and that from time to time, Mundi Co. provided patrons with vouchers and complimentary breakfast. It also says the Motel was renovated and repaired from time to time.

It alleges Aztech inspected the Motel and prepared a fire safety plan, including evacuation procedures. On or around February 21, the lawsuit alleges the City inspected the Motel’s fire warning and suppression systems. The City noted various deficiencies, including that the Motel required a fire safety plan and that the Motel’s portable extinguishers, fire alarms system and emergency lighting needed to be tested.

The suit alleges that sometime after February 21, All Points reviewed the deficiencies and purported to test, repair or replace the Motels’ fire safety system.

On or around July 6, 2020, the suit alleges the City re-inspected the Motel and concluded the deficiencies had been resolved. On the morning of July 8, 2020 the fire took place and the suit alleges that no fire alarm and no fire suppression system activated to ensure the safe escape of guests and patrons of the Motel. Three people were subsequently killed and the lawsuit alleges many more suffered serious injuries.

The lawsuit alleges the fire was caused by the negligence of the defendants Mundi Co. and Choice Hotels and their failure to ensure the Class would be reasonably safe in the Motel or restaurant. Particulars of the negligence include causing or permitting the Motel to be, or become, or to remain in a dangerous and unsafe condition prior to the fire. Failing to have in place a reasonable system of care, inspection and maintenance of the Motel premises. Failing to have a fire safety plan and failing to properly train its employees, failing to ensure the condition of the Motel and failing to undertake appropriate repairs and or upgrades to the Motel to mitigate the risk of a fire including an adequate automatic fire sprinkler system.

The lawsuit also alleges breach of contract by Mundi Co., noting as pursuant to a room rental agreement, it would have an adequate fire safety system, including but not limited to a fire safety plan and that its employees, servants or agents would be adequately trained regarding how to respond to a fire on the Motel premises including how to safety evacuate the premises in the event of a fire. The lawsuit alleges All Points owed a duty of care to the Class members to exercise all reasonable care, skill, diligence and competence as a fire protection technician in the circumstances by failing to identify deficiencies and/or compromising the proper functioning of the Motel’s fire safety system.

The lawsuit also alleges the City of Prince George was negligent because it ought to have known the Motel was unsafe or that they were hazardous conditions at the Motel based on the fact Mundi Co. operated at all times pursuant to a business license issued by the City. The City also issued Mundi Co. a building permit and undertook inspections of the Motel as part of the renovations, or in the alternative, the City knew of the renovations regardless of whether a building permit was required or issued and the City was required to regularly inspect, and in fact did, recently inspect the Motel.

The lawsuit alleges that Aztech was negligent because it knows or ought to have known the Motel’s safety plan was intended to protect Motel guests and restaurant patrons in the event of a fire. It also alleges that it was reasonably foreseeable that if Aztech were to negligently prepare the Motel’s fire safety plan, Aztech could cause harm to the Class members.

None of these allegations have been proven in a court of law. According to the notice of civil claim, a response to a civil claim must be served on the plaintiff if you were served with the notice of civil claim anywhere in Canada, within 21 days after that service.

by Greg Fry

Class Action lawsuit filed by man injured in fatal Prince George motel fire

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