Feb 08, 2011
MacGillivray Law
Landlord to pay tenants $326,000
Defendant created unreasonable risk of harm, judge rules; couple jumped from burning apartment building in Truro
A landlord has been ordered to pay two tenants of a Truro apartment building a total of $326,586 because they had to jump from the complex’s third storey during a fire.
S&B Apartment Holding Ltd. must pay Alissa Leslie $165,000 and Harry Bryson $161,586, according to a Nova Scotia Supreme Court decision released Monday.
"Although there is no evidence the defendant was responsible for the fire, I find the defendant’s conduct created an unreasonable risk of harm in the event of a fire," Justice Nick Scaravelli said in his 59-page written decision.
"The fire alarm system was not functioning at the time of the fire. There were problems with the fire alarm system not functioning prior to the fire, which was known to the defendant’s supervisor; the defendant did not maintain, test or inspect at all its fire alarm system that was in excess of 25 years old at the time of the fire; the self-closing hallway ‘fire doors’ on the third floor were continually in an open position and the north hallway door adjacent to the plaintiff’s apartment, which was open at the time of the fire, had a broken self-closing latch at the time of the fire; (and) the battery-operated smoke alarm in the plaintiff’s apartment did not function."
Fred Arab of Halifax heads S&B.
Leslie and Bryson were living in a third-floor apartment in the 12-unit building at 265 Young St. when the fire broke out early on the morning of Aug. 25, 2006. They were partners at the time.
She woke him at about 1 a.m. because the apartment was full of smoke. They looked out a window and saw flames and sparks on the overhanging eaves.
"There was no sound of (a) fire alarm in the building or sirens outside," the judge said. "He spoke through the window opening to people standing outside. Shawna White, a tenant, told them the exit doorways were on fire and they would have to jump. The smoke in the apartment continued to worsen."
Bryson was able to tie bedding around his partner’s 10-year-old son and lower him to safety.
Leslie and Bryson were injured when they let themselves fall from third-floor windows.
Bryson, now 37, fractured his ankles and the fibula of his left leg. His injuries required surgeries.
"Bryson testified he remained non-weight bearing until December 2006," Scaravelli wrote. "He mobilized by way of wheelchair. In December, he utilized a walker and cane but continued to use the wheelchair for longer distances. He stopped using the wheelchair in the spring of 2007."
He returned to work at Peter Kohler Windows and Entrance Systems in Debert on modified hours beginning in July 2007. Bryson resumed full-time work that fall, but he still isn’t able to run or play sports.
"I am satisfied that Mr. Bryson suffers from residual disabilities that will worsen over the years in terms of pain and discomfort," the judge wrote. "I find that his earning capacity has been impaired and that he is less capable overall from earning income from all types of employment."
Leslie, now 30, "suffered a pelvic ring injury with bilateral fractures to her pelvis, bilateral sacral fractures, a right elbow fracture and a broken rib," said the judge.
She also had to use a wheelchair and then a walker after the fire.
"Ms. Leslie currently describes pain in her tailbone from extensive sitting, pain in her right elbow with limited extension of her right arm, pain in her pelvic area from long periods of standing and pain in her right hip," Scaravelli wrote. "She has discomfort sitting for long periods of time. She walks with a limp."
Leslie "described what she termed as a worsening of her depression, accompanied by increased anxiety and panic," the judge wrote. "She said she still has night terrors and flashbacks regarding fire and smoke. She is obsessive-compulsive in her behaviour and is continually locking her doors, repeatedly checking smoke detectors and checking on her children during the night."
Leslie "has permanent loss of elbow extension, which restricts her abilities to extend for certain tasks such as tying her shoe and reaching behind her head," the judge wrote. "It also limits certain pre-fire recreational activities such as throwing a ball and riding a bicycle."
Leslie did not have a job at the time of the fire and remains unemployed, Scaravelli said.
"Her last job with Convergys lasted from January 2005 until May 2005."
Robert Orr, a fire investigator, determined no accidental cause of the fire could be found.
"He suspected some form of accelerant may have been spread on the hallway and south stairs that caused the fire to burn so fast," the judge said.
Credit: The Chronicle Herald
Topics: Long Term Disability, Auto Accident, Civil Suits
