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ARTICLE · 17 DECEMBER 2015

Spreading Fires: Issues That Arise When Fires Originate At A Neighbour's House

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The determination of liability regarding fire loss cases in Ontario hinges upon the finding of a specific cause of the fire.

CanadaReal Estate and Construction
McCague Borlack LLP
McCague Borlack LLP
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Background

The determination of liability regarding fire loss cases in Ontario hinges upon the finding of a specific cause of the fire. If it is not possible to determine how the fire originated, the owner of the building may be relieved of liability altogether under s. 76 of the Fire Protection and Prevention Act, which reads as follows:

76. No action shall be brought against any person in whose house or building or on whose land any fire accidently begins, nor shall any recompense may be made by that person for any damage suffered thereby; but no agreement between a landlord and tenant is defeated or made void by this Act.

Cases

The recent decision of Mohamed v. Banville1 is a reminder that unless one can establish certain facts the Plaintiff will not succeed in a subrogated claim. Indeed in this case the claim was struck out at the summary judgment stage.

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