Oatley Vigmond Represents the Families of Two Deceased Women in Elliot Lake Mall Collapse
Five family members seek a total of $11.25 million in damages
Roger Oatley is acting for the relatives of the two women killed in the June 23,2012 Elliot Lake mall collapse. The families have filed lawsuits against several parties, including the Province of Ontario, in the Ontario Superior Court of Justice.
The incident, which is the subject of a provincial public inquiry, took place on June 23, 2012. Doloris Perizzolo and Lucie Aylwin were standing near a lottery kiosk located within Algo Centre mall when suddenly and without warning the rooftop parking lot of the mall collapsed, violently coming down on both women and killing them.
These deaths are a senseless, needless loss that should never have happened. This is Canada, not some unregulated third world country. The building should have been built according to the Building Code. There were expressions of concern by members of the public. and when the building was inspected after those concerns were expressed, experts re-assured the public it was safe. Effectively the lawsuits are asking the court to declare that this kind of negligence cannot be permitted in Ontario.
What makes these claims unique is the claim for punitive and aggravated damages. Punitive damages could be awarded when someone who’s caused a loss like this is found — on the evidence — to have been recklessly or callously disregarding the safety of patrons entering the mall. Evidence that comes to light at the public inquiry will determine whether these claims are appropriate. It will depend on what exactly happened in the inspections that occurred throughout the history of the building. It will also depend on what the inspectiors were looking for when they were asked to examine the building and what they did not see, and how carefully they looked and what they missed.
The lawsuits, brought by the father, mother and brother of the late Lucie Aylwin and the two daughters of the late Doloris Perizzolo claim a total of $11.25 million in damages ($2.25 million per survivor) from a total of five parties:
• The Province of Ontario “Minister of Labour”
• The Corporation of the City of Elliot Lake
• Robert Nazarian, President and Treasurer of Eastwood Mall
• Eastwood Mall Inc.
• M.R. Wright and Associates (the engineering firm that declared mall ‘structurally sound’)
The lawsuits allege that Eastwood Mall Inc. and Robert Nazarian were negligent in their inspection and maintenance of the mall and that they knew or ought to have known that Algo Centre mall was not in proper condition for use.
The lawsuits also allege that M.R. Wright and Associates, the Sault Ste. Marie-based engineering firm that inspected the mall just two months before the collapse, failed to properly document and report the problems with the structure of the Algo Centre mall and that the firm’s conduct fell below the standard expected of an engineering firm in the advice it provided with respect to the structural integrity of the mall.
The collapse of the roof, which doubled as the mall’s parking lot, prompted former Premier Dalton McGuinty to launch a public inquiry. Roger Oatley gained standing at the public inquiry on behalf of the families. They are taking part in the public inquiry and are examining the different parties involved with the Algo Centre mall. The public inquiry is taking place in Elliot Lake and is scheduled to continue for the next couple of months. The civil lawsuit will continue in parallel with the public inquiry.
