47 Jade Crescent, Brampton
2016 — Purchase of the property
Meskerem Endeshaw Kassay purchased 47 Jade Crescent in 2016.
The property was originally registered as a legal two-unit Additional Residential Unit (ARU) dwelling.
After acquiring the property, the evidence indicates that the property was operated as a rental investment and ultimately became a four-unit property.
2016–2023 — Conversion to four units
At some point after the purchase, the property was converted from its legal two-unit configuration into four rental units.
The significant issue was that the additional units were created without the required permits.
The City subsequently determined that the additional units did not comply with applicable requirements under the Ontario Building Code and Ontario Fire Code.
This is an important point: the prosecution was not simply about one missing smoke alarm. The property was being operated as a four-unit rental property when it was legally registered as a two-unit dwelling.
December 2020 — Tenants move into basement
Omar Watson and Melissa John became tenants of the basement unit.
They lived there with their young daughter, Aria.
An LTB proceeding confirms the tenancy at Basement, 47 Jade Crescent, identifies Kassay as the landlord and Watson and John as the tenants.
June 2, 2023 — The Fire
At approximately 11:00 p.m., a fire broke out at 47 Jade Crescent.
The consequences were catastrophic, essentially three deaths and one survivor with lifelong injuries.
Melissa John
Melissa John, who was pregnant, died in the fire.
Aria
Her three-year-old daughter, Aria, also died.
Omar Watson
Omar Watson survived but suffered lifelong injuries.
The City specifically identifies the deaths of the pregnant woman and her three-year-old daughter and the continuing lifelong injuries suffered by another family member.
Fire investigation
Following the fire, Brampton Fire and Emergency Services investigated the property.
The investigation revealed that the property:
- had originally been a legal two-unit ARU dwelling;
- had been converted into four units;
- had the additional units rented to occupants;
- had not obtained the required permits for the conversion; and
- did not meet applicable Building Code and Fire Code requirements.
The Fire Code violations included matters involving:
fire separations
and
the installation and maintenance of smoke and carbon-monoxide alarms.
That distinction is important because the eventual prosecution involved multiple Fire Code deficiencies, not merely the absence of one detector.
2023 — Charges laid
Brampton Fire and Emergency Services laid charges against Kassay under the Fire Protection and Prevention Act, 1997.
The charges included offences relating to:
- fire separations, and
- smoke and carbon-monoxide alarms.
The prosecution ultimately resulted in seven convictions
Brian Madigan LL.B., Broker