RSS Feed$300M Suit Follows Toronto Propane Explosion
Just days after a massive explosion at a propane transfer facility in Toronto, a $300 million class action lawsuit is being launched.
On August 10, 2008, in the early morning hours, a massive explosion at Sunrise Propane Industrial Gases in Toronto shook people from their sleep. The blast sent fireballs into the sky which could be seen as far away as Niagara Falls.
While firefighters raced to get the flames under control, thousands of neighbourhood residents had to be evacuated. The blast injured numerous people and have left at least one firefighter and one civilian dead; the latter’s charred remains were found at the site of the explosion.
While most evacuees have returned to their homes, several buildings remain closed to residents over concerns of structural stability.
Stevensons LLP and Bogoroch & Associates have announced their intention to file a class action suit against Sunrise Propane, the City of Toronto, and the provincial government.
The bases of the claim, according to the suit’s website, are:
negligence, nuisance, trespass, strict liability (Rylands v. Fletcher) and liability pursuant to the Occupiers’ Liability Act, R.S.O. C. O.2., the Environmental Protection Act, R.S.O. 1990, c. E.19 and the Family Law Act, R.S.O. 1990, c. F.3.
According to the Globe and Mail, about 20 years ago Toronto passed a regulation restricting zoning for propane transfer facilities. However, the city had to repeal the by-law in 1995 after a similar regulation of the City of York was defeated by propane companies. The Ontario Court of Appeal ruled that the by-law was in conflict with provincial law:
“The terms of the by-law are consistent with the intention to give effect to safety concerns.
… First, there is the operative conflict to which we have referred. Second, the authority of the municipality relates, generally, to land use planning and not safety respecting propane handling.”
(Superior Propane Inc. v. York (City) (1995), 23 O.R. (3d) 161 (C.A.))
Not surprisingly, the City of Toronto and the Province of Ontario are playing the blame game with each other. In light of the above Court of Appeal decision, Toronto contends that it was the responsibility of the provincial regulatory boards to ensure the safety of propane transfer facilities.
Both the City of Toronto and the province have been named as defendants in the pending suit. Responsibility for the blast will again be left to the courts to sort out.
New Alcohol Regulations Target Binge Drinking in Alberta
Amendments to the Alberta Gaming and Liquor Commission policies come into effect today.
The new rules, which are explicitly aimed at curbing binge drinking, will create a number of changes to how alcohol is served in licenced establishments throughout the province.
As of today, there will be new minimum prices established for booze:
- Spirits: $2.75 per ounce
- Wine: $0.35 per ounce (works out to $1.75/glass)
- Draught beer: $0.16 per ounce (works out to $3.20/pint)
- Canned/Bottled Beer and coolers: $2.75 per 12-ounce bottle or can
These minimum prices will eliminate cheap drink specials being offered by bars that the Alberta government says contribute to irresponsible drinking.
In addition to minimum drink prices, limits will be imposed on happy hours. Bars will not be allowed to sell drinks for less than their regular price after 8pm. Of course, at no time will the bar be allowed to reduce its price for alcohol below the established minimums.
Perhaps most significantly of all, the rules will place limits on how much patrons will be allowed to purchase before last call. Bars will not be allowed to sell or serve more than one bottle of beer or two ounces of liquor to a patron after 1 a.m.
Despite the potential effect on revenues, representatives of the affected industry are getting behind the new rules. This is because of the annoying habit of drunk people creating disturbances inside and outside of their establishments, which pose a threat to employees, patrons, and the general public.
The CBC News quotes Mike Shimka, vice-president of the Alberta Hotel and Lodging Association, as saying:
“These changes have great potential to reduce the public order problems associated with binge drinking … Most of us would never guzzle a tray full of cheap highballs just before closing time, but many of us have shared a sidewalk with someone who has. These new changes should make closing times outside bars a lot more peaceful.”
The CBC says that impetus for the new limits on alcohol consumption in bars came after two police officers in Edmonton were attacked several months ago while trying to break up a fight outside a bar.
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