Mar 04, 2014 in News Nursing Home Negligence

Nursing Home Negligence: Neinstein's Erik Joffe contributes article to Law Times on senior homes safety

The determination of liability regarding fire loss cases in Ontario often hinges upon the finding of a specific cause of the fire. If it is impossible to say how the fire originated, the owner or occupier of a building may be relieved of liability altogether under s. 76 of the Fire Protection and Prevention Act, an issue that has taken on renewed significance in light of the recent tragedy at a Quebec seniors? home.

Twenty-eight people have now been confirmed dead and four others are presumed to have died after the horrific blaze at the R?sidence Du Havre in L?Isle Verte, Que. The initial focus of the public was on the devastating effect the tragedy inflicted on the victims and their families. Attention has now shifted towards the placement of blame. People are asking some very hard questions as litigation looms.

The investigation into the cause of the fire is still in its infancy and police have not ruled out a criminal act. A burning cigarette is also just one of the possible causes of the deadly blaze.

The tragedy prompted me to ask the following question: If investigators never find a cause, from whom can the victims? families seek compensation for the loss of their loved ones? A review of case law and legislation in Ontario begins to shed some light on possible outcomes if the tragedy had occurred in this province.

Read more of Erik Joffe's article at Law Times' Speaker's Corner: Seniors? home fire a reminder about difficulty of proving negligence

Also, read our article about the issues of fire safety in nursing homes that were raised in Ontario after the incident.