A plumber used an open flame torch to repair a leaking pipe in the basement of a heritage mansion.
Shortly after the repair was completed, a massive fire broke out, destroying the house.
The property owner and the condominium corporation's insurers brought a subrogated negligence claim against the plumbing company.
The court dismissed the action, finding that the plaintiffs failed to prove causation, as there was no evidence the downward-directed flame ignited combustibles in the adjacent joist space.
Furthermore, the plaintiffs failed to establish a breach of the standard of care because they did not call expert evidence on the standard expected of a reasonably prudent plumber performing soldering work.
