Loss Of Care, Guidance, And Companionship Damages: A New Benchmark?

• Published date: 30 June 2021
• Law Firm: McCague Borlack LLP
• Author: Mr Alan Drimer and Ryan R. Taylor

Case Study: Moore et al., v. 7595611 Canada Corp.

On June 25, 2021, the Ontario Court of Appeal, led by Justice Fairburn in Moore et al., v. 7595611 Canada Corp., 2021 ONCA 459, upheld a $1,326,000 jury award arising from a harrowing set of circumstances in which a 23-year-old woman suffered severe burns, leading to her death.

The decedent, Alisha Lamers, was a 23-year-old woman who rented an apartment from the appellants. On November 20, 2013, a fire broke out in the apartment. Unfortunately, Alisha had no way to escape as the windows were barred, and there was only one exit to the apartment which was engulfed in flames and smoke. Alisha was trapped in a burning inferno until she was rescued by firefighters.

Alisha was alive when rescued, however, sustained third-degree burns to over half of her body. She eventually suffered numerous cardiac events leading to her death.

As a result of Alisha's tragic death, her parents brought an action against the appellants for their negligent conduct in failing to: ensure that a safety plan for the building was prepared, approved, and implemented; the failure to maintain smoke alarms in operating condition; and the failure to provide at least two exits from each "floor area" of the rooming house.

The jury found that the appellants fell below the standard of care of a reasonable landlord and found them responsible for Alisha's death. The jury made the following damages awards:

1. Loss of...