The defendant, Her Majesty the Queen in right of Ontario (HMQ), brought a motion to strike the plaintiffs' statements of claim in two actions arising from a fire that destroyed a school.
The plaintiffs alleged that the Office of the Fire Marshal (OFM) was negligent in failing to ensure a proper fire watch was in place after the initial fire was extinguished, leading to a rekindling that caused extensive damage.
The court found that the Fire Protection and Prevention Act, 1997 does not impose a duty on the OFM to post a fire watch or suppress fires, as those duties belong to municipal fire departments.
The court struck the negligence and nuisance claims against HMQ but granted the plaintiffs leave to amend their pleadings to properly allege a duty of care based on specific interactions or assumption of control, provided the alleged duty does not exceed the OFM's statutory powers.
