Consolidated statement of claim re: Sunrise Propane explosion

34(a)(b)(c)It was reasonable for the plaintiffs and other class membersto expect that the Sunrise Officers and Directors hadimplemented adequate safeguards to ensure that thestorage, supply and distribution of propane and other gasesfrom the Facility was safe;The Sunrise Officers and Directors had a duty to ensure thatthe sunrise companies complied with all relevant provincialstandards relevant to the storage and distribution ofpropane, including the Environmental Protection Acf and theTechnica! Standards and Safefy Act and relevantregulations;The plaintffis and other class members were vulnerable toany failure on the part of the Sunrise Companies to ensurethe safety of the Facility, as they had no way of ensuringsufficient safety measures were taken, and no way ofprotecting themselves if sufficient measures were not taken96" The Officers and Directors failed in their duty as set out below:(a)(b)(c)(d)They failed to prevent employees and other personsauthorized to enter the site from engaging in truck-to-trucktransfers of propane, contrary to Ontario Regulaiion 211101to the TechnicalSfandards and Safety Act:They condoned and/or authorized employees to participatein repeated breaches of the order of the Technical Standardsand Safety Authority by failing to take precautions to ensuretruck-to-truck transfers of pnrpane were not permitted at theFacility;They failed to prevent employees and other personsauthorized to enter the site from lighting and smokingcigarettes while on the site, in close proximity to inflammablematerials, when they knew or ought to have known that thiswas routinely happening at the site;They arranged for the Facility to be significantly expandedwithout applying for authorization or 'approval from theTechnical Standards and Safety Authority, contrary toRegufation 211101, and knew that such changes did notcomply with statutory safety slandards for the storage anddistribution of propane;