Consolidated statement of claim re: Sunrise Propane explosion

36(b)(c)(d)(e)(f)The circumstances of the Sunrise Companies being in thebusiness of storing and supplying large quantities of propaneand other industrial gases at a Facility located in closeproximity to a residential neighbourhood are such that theTeskey bompanies were under an obligation to be mindful ofthe safety of the plaintiffs and other class members whenexercising corrtrol over the Property as outlined below Thisis especiilly true since the Teskey Companies knew that ifany of the propane or gases escaped, causing an explosionand/or a fire, it was likely to cause damage to the classmembers' property and personal injury to the classmembers, including both physical injury and psychologicaltrauma;The Teskey Companies exercised cbntrol over the SunriseCompanies by virtue of their ownership and tenancy of theProperty and powers as landlords under the sublease withone or more of the Sunrise Companies and under theCommercial Tenancies ActThe Teskey Companies all exercised control over theProperty by virtue of the operation of the Teskey Companiesas one economic unit;It was reasonable for the plaintiffs and other class membercio expeci the Teskey Companies to use their ccntrol tcimplement adequate safeguards and monitoring proceduresto ensure ihat the Facility was being operated in a safemanner;The plaintiffs and other class members were vulnerable toany failure on the part of the Teskey Companies to ensurethe safety of the Facility, as they had no way of ensuringsufficient safety measure$. were taken, and no way ofprotecting themselves if sufficient measures were not taken100, The Teskey Companies are also occupiers within the meaning of the Occupier'sLiabitity Aci R,S.O, and owe a duty of care to the plaintiffs and other classmembers as neighbours of the Property to ensure that they do not sufferdamages as a result of the condition or activities carried on at the Property,