Consolidated statement of claim re: Sunrise Propane explosion

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2675,As a consequence of the damage to their home, FrancescO, Anna and CesareManco left their home following the explosion, After fleeing their home theystayed at a hotel for several weeks Francesco, Anna and Cesare incurredexpenses for lodging and food as a result of being unable to retum to their homeWhile the Manco family has now retumed to their home, the house requiresfurther repairs and it is likely that the family will be unable to reside in the housewhile the repairs are being completed, Francesco, Anna and Cesare willtherefore incur further expenses for food and lodging,CAUSES OF ACTIONA. Strict LiabilitY76 The propane and other industrial gases distributed by the Sunrise Companiesthrough the Facility are highly dangerous. Under the common law of Ontario, thestorage and distribution of such large quantities of propane and othercombustible and inflammable gases constitutes a non-natural use of the FacilityThe Sunrise Companies are therefore strictly liable for damage caused by theescape of ProPane and other gases,77,On the morning of August 10m, 2008, the Sunrise Companies failed to preventthe escape of a large quantity of propane from the Facility, The escape of thepropane caused a series of explosions and a fire which caused personal injury toclass members and damage to class members' property, and resulted in an
27evacuation of the surrounding area* The Sunrise Companies are iherefore liablefor all damages flowing from the escape of propane from the FacilityB.7BNuisanceThe escape of propane and the explosions and fire from the Facility substantiallyand unreasonably interfered with the plaintiffs' and class members' use andenjoyment of their lands and properties, Atternatively, the escape ofcontaminants and subsequent contamination of the plaintiffs' and other classmembers' properties substantially and unreasonably interfered with the plaintiffs'and class members' use and enjoyment of their lands and properties- TheSunrise Companies are therefore tiable to the plaintiffs and other class mernbersin nuisance They are strictly liable for the nuisance79,,The Sunrise Companies are liable in nuisance as operators of the Facility fromwhich the nuisance emanated, As operators of the Facility, they havemanagement or control of the Facility80,,The Teskey Companies are also liable because they owned the Property andleased the Property to Teskey Construction and Teskey Concrete, who in tumsublease the Property to one or more of the Sunrise Companies. As landlords,the Teskey Companies exercised control over the Property, through the terms ofthe sublease and the operation of the Commercial Tenancies Acf, R.S.O', 1990c.L-7 Furthermore, the Teskey Companies are liable because the nuisance
Page 3: 3AND TO:AND TO:AND TO:AND TO:AND TO
Page 8 and 9: B15,The defendant Leonid Belahov is
Page 10: 10owned, leased, rented and/or occu
Page 14 and 15: 1437, 1452049 Ontario Inc, failed t
Page 16 and 17: 16property. Teskey Construction lea
Page 18 and 19: 18(f)(g)(h)(i)0)The Teskey Companie
Page 20 and 21: 2A51,Mr. Durling and his wife immed
Page 22 and 23: 2259.As a result of the explosions
Page 24 and 25: 24fumes and other chemicals, She ha
Page 28 and 29: 28arose from a use of the Property
Page 30 and 31: 3088.The circumstances of the Sunri
Page 32 and 33: 32(k)They failed to provide necessa
Page 34 and 35: 34(a)(b)(c)It was reasonable for th
Page 36 and 37: 36(b)(c)(d)(e)(f)The circumstances
Page 38 and 39: 38property, and required the plaint
Page 40 and 41: 40111 The plaintiffs and other clas
Page 42 and 43: 42the cost of personal care items a
Page 44 and 45: 44Henry Juroviesky (L.S.U.C.# 53233

Consolidated statement of claim re: Sunrise Propane explosion

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