Families Of 2 Dead Women In Elliot Lake Mall Collapse File Lawsuits Against Province, City, Mall Owner And Engineers Who Declared Mall Sound

Relatives of the two women killed in the June 23 Elliot Lake mall collapse have filed lawsuits against several parties, including the Province, in the Ontario Superior Court of Justice.

Toronto, ON (I-Newswire) October 2, 2012 - Relatives of the two women killed in the June 23 Elliot Lake mall collapse have filed lawsuits against several parties, including the Province, in the Ontario Superior Court of Justice.

The incident, which is the subject of a provincial enquiry, took place on June 23, 2012. Doloris Perizzolo and Lucie Aylwin were standing near a lottery kiosk located within Algo Centre Mall when suddenly and without warning the rooftop parking lot of the mall collapsed, violently coming down on both women and killing them.

These deaths are a senseless, needless loss that should never have happened,” said Roger Oatley of Oatley, Vigmond LLP, the lawyer acting for the families.

“What makes these claims unique is the claim for punitive and aggravated damages,” said Oatley. “This is Canada, not some unregulated third world country. The building should have been built according to code. There were expressions of concern by members of the public. And when the building was inspected after those concerns were expressed, experts re-assured the public it was safe. Effectively we are asking a court to declare that negligence that puts lives at risk is not acceptable in Ontario.”

THE DEFENDANTS

The suits, brought by the father, mother and brother of the late Lucie Aylwin and the two daughters of the late Doloris Perizzolo claim a total of $11.25 million in damages ($2.25 million per survivor) from a total of five parties:

• The Province of Ontario “Minister of Labour”

• The Corporation of the City of Elliot Lake

• Robert Nazarian, President and Treasurer of Eastwood Mall

• Eastwood Mall Inc.

• M.R. Wright and Associates (the engineering firm that declared mall ‘structurally sound’)

THE PLAINTIFFS

• The Plaintiff Teresa Perizzolo is the daughter of the late Doloris Perizzolo. Teresa Perizzolo resides in the City of Elliot Lake, in the Province of Ontario.

• The Plaintiff Cindy Lee Allan is the daughter of the late Doloris Perizzolo. Cindy Lee Allan resides in the City of Guelph, in the Province of Ontario.

• The Plaintiffs, Rejean Aylwin and Rachelle Aylwin are the father and mother of the late Lucie Aylwin. These Plaintiffs reside in the City of Greater Sudbury, in the Province of Ontario.

• The Plaintiff Stephane Aylwin is the brother of the late Lucie Aylwin. Stephane Aylwin resides in the City of Red Deer, in the Province of Alberta.



THE DAMAGES

The Plaintiffs each claim the following damages and costs:

a)damages, pursuant to provisions of the Family Law Act, R.S.O. 1990, c. F.3, in the amount of $250,000.00 for loss of care, guidance, and companionship

b)punitive damages in the amount of $1,000,000.00;

c)aggravated damages in the amount of $1,000,000.00;

d)pre-judgment and post-judgment interest in accordance with sections 128 and 129 of the Courts of Justice Act, R.S.O. 1990, c. C.43;

e)their costs of this action on a substantial indemnity basis; and

f)such further relief as this Honourable Court may permit.