Leonard Hay v Mundi 910 Victoria Enterprises Ltd.; Choice Hotels Canada Inc.; City of Prince George; All Points Fire Protection Ltd.; Aztech Fire Safety Planning & Consulting (2015) Ltd. Court File No. PRG-S-S-2058198
Prince George Supreme Court Registry
August 25, 2020
All individuals who were registered guests of the Motel (at Lobby Door 1, 910 Victoria St, Prince George, BC, V2L 2K8) and all individuals on site at the Motel or the adjoining restaurant, known as Yolks All Day Family Restaurant, at the time of the Fire on July 8, 2020, and personal representatives and dependants of persons who died as a result of the Fire. The defendants and their directors, officers, representatives, servants, employees or agents are excluded from this class.
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 Aztech 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.
For more information please contact Amy Mileusnic (604) 697-2481 or by email at [email protected]
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