In a case that will be closely watched, an Ontario judge has
permitted a class action lawsuit against the Ministry of Labour for
"negligent inspection" of a workplace.
The case arises from the collapse of the roof-top parking deck
at the Algo Centre Mall in Elliot Lake, Ontario, in which two
people were killed and many more injured.
The class action was brought by owners of one of the restaurants
in the mall, which was one of the businesses affected by the
collapse. The "class" of claimants included people
in the mall at the time of the collapse, business tenants and
employees working at the mall.
The plaintiffs argued that Ministry of Labour inspectors had
performed more than 130 inspections at the Mall over approximately
30 years, and had received numerous complaints about the condition
of the mall and the dangers of water leakage problems. The
plaintiffs claimed that Ministry of Labour inspectors should have
followed up with reasonable investigations and in
