Case Name:
Leonard Hay v Mundi 910 Victoria Enterprises Ltd.; Choice Hotels Canada Inc.; City of Prince George; All Points Fire Protection Ltd.; Court File No. PRG-S-S-2058198
Court:
Prince George Supreme Court Registry
Date Filed:
August 25, 2020
Class Members:
All individuals who were registered guests of the Motel at 910 Victoria St. Prince George, BC, and all individuals on the Motel premises or the adjoining Yolks All Day Family Restaurant at the time of the Fire on July 8, 2020;
and the personal representatives and dependants of the people who died as a result of the Fire;
but excluding the defendants and their directors, officers, representatives, servants, employees or agents, or any person who intentionally started the Fire or conspired to start the Fire.
Co-counsel:
Summary
This case alleges the following:
- The defendants Mundi Co. were negligent in the maintenance and operation of the Motel by creating or failing to ameliorate unsafe conditions that pre-date the Fire, with respect to its installation, monitoring, and maintenance of the Hotel’s fire safety system. Mundi Co. breached the implied or express term of the its contract with guests of the Motel that it would comply with all legal requirements with respect to the Motel’s fire safety system, and breached its duties to the Class under the Occupiers Liability Act.
- Choice Hotels breached its duties to the Class under the Occupiers Liability Act by failing to monitor and/or enforce the terms of the Econo Lodge Agreement regarding health and safety standards.
- The City was negligent in its inspections of the Motel and breached its duty to warn the public that the Motel was unsafe or that there were hazardous conditions with respect to the Motel premises. The City, through its fire department, failed to evacuate Class Members, adequately assess or classify the fire, deploy an adequate response to the fire and use the correct firefighting techniques to extinguish the fire.
- This case alleges that All Points was negligent in its inspection and testing of the Motel’s fire safety system.
- This case alleges that All Points was negligent for failing to prepare an adequate fire safety plan, including evacuation procedures.
- The plaintiff and members of the Class have sustained losses as a result of the defendants’ conduct, including severe physical and emotional injuries.
Updates:
On December 6, 2022 Justice Church issued reasons for judgment certifying the case as a class proceeding. The Action is now officially a “class action” and is brought on behalf of all members of the “Class”.
The class action can now proceed to the next steps in the case, which include getting discovery from the defendants and preparing for trial on issues that are common to all Class Members.
Our notice of Certification has been approved by the Court. If you were a registered guest of the motel on July 8, 2020, or you were present at the time of the Fire, you may be a Class Member. For more information click here to view the Publication Notice.
If you would like to receive direct notification of any future developments and notices approved by the Court, please contact Camp Fiorante Matthews Mogerman at Updates:
On December 6, 2022 Justice Church issued reasons for judgment certifying the case as a class proceeding. The Action is now officially a “class action” and is brought on behalf of all members of the “Class”.
The class action can now proceed to the next steps in the case, which include getting discovery from the defendants and preparing for trial on issues that are common to all Class Members.
Our notice of Certification has been approved by the Court. If you were a registered guest of the motel on July 8, 2020, or you were present at the time of the Fire, you may be a Class Member. For more information click here to view the Publication Notice.
If you would like to receive direct notification of any future developments and notices approved by the Court, please contact Camp Fiorante Matthews Mogerman at [email protected].
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Important Documents
For media inquiries please contact Katie Duke, Lawyer by email at [email protected] or Jamie Thornback, Partner by email at [email protected].
If you think you may be a class member, please contact us via email at [email protected] or call CFM Lawyers at 604-689-7555.
For any other questions please contact Amy Mileusnic, Paralegal at (604) 697-2481 or by email at [email protected].
Prince George Econo Lodge Fire - Status Updates:
February 22, 2023
Prince George Econo Lodge Fire - View
December 12, 2022
Prince George Econo Lodge Class Action Certified - View
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