H o t z L a w y e r s | home
Air France Flight 358 | Avandia | Depo Provera | Evra | Ketek | Loblaws Hepatitis A | Korean Air price fixing | Maple Leaf Foods | Menu Foods | Mister Transmission | Mutual Funds Cases | Scarborough Hospital Hepatitis | Transport Canada, Canada Border Services Agency, BMW Canada Inc., Mercedes-Benz Canada Inc. and Mercedes-Benz USA LLC | Seven Oaks and Community Legionnaires' Disease | Sony BMG | Sun Wah Bean sprouts Salmonella | Sony BMG Settlement Approval | Sunrise Propane Explosion | Tequin Antibiotic | Western Students Salmonella Outbreak | Trasylol
Sunrise Propane Explosion
August 10, 2008, explosions occurred at the defendant Sunrise Propane's facility, resulting in personal injury, property damage, diminution in home values, and other damages.
The plaintiffs and Class plead that the defendants are strictly liable under the Occupiers' Liability Act, R.S.O. C. O.2.
The causes of action in this proposed class action are negligence, trespass to person and property, breach of the Occupiers' Liability Act, R.S.O. C. O.2., and breach of the Environmental Protection Act, R.S.O. 1990, c. E.19, nuisance, and shall be further particularized.
The proposed Class consists of persons residing within approximately 1.6 kilometers of the explosion, and family members. About 12,500 people were evacuated and, at the time of issuance of this action, residential areas and homes are still inaccessible, as the result of asbestos and other contamination.
On August 10, 2008, at approximately 3:50 a.m., the plaintiff Tony was awakened by the first explosion. At first he thought it was the sound of something falling. Then, about 10 minutes later, he heard a bang, thunderous noise, and he saw the fireball rise.
The plaintiff and Class plead that the defendants, Sunrise Propane, and Shay Ben-Moshe, along with the servants of both defendants, agents, staff and employees, for whom they are vicariously liable, were negligent in that they constructed and operated a facility which they knew or ought to have known was unsafe, failed to maintain or upgrade the facility, failed to train their employees in its safe operation, and failed to warn the authorities and local community of the dangers.
The plaintiffs and Class plead further that these defendants occupied the premises and are strictly liable for damages owed, pursuant to the Occupiers' Liability Act, R.S.O. C. O.2. The defendants are liable for trespass to the Class, nuisance, income loss and other damages caused, including personal injury and loss of value to property.
The plaintiffs and Class plead that the defendant, CityToronto, zoned, approved, provided some licenses, and in other ways permitted the facility to operate, when it knew or ought to have known that the facility failed to meet the required standards.
The plaintiff and Class plead that notice has been given to Her Majesty the Queen in right of Ontario in regard to Technical Standards & Safety Authority, which is responsible for licensing and inspecting the facility.