47 Jade Crescent, Brampton
A recent Brampton case provides a serious warning to Ontario landlords about the importance of Fire Code compliance.
In 2016, Meskerem Endeshaw Kassay purchased a property at 47 Jade Crescent, Brampton. Although it was legally a two-unit property, it was subsequently converted into,
- four rental units without the required permits.
In December 2020, Omar Watson, Melissa John and their young daughter moved into the basement unit.
On June 2, 2023, a fire broke out. Melissa, who was pregnant, and her three-year-old daughter died. Mr. Watson survived but suffered serious injuries.
The subsequent investigation identified significant Fire Code deficiencies, including problems with:
- fire separations and smoke and carbon-monoxide alarms.
Kassay was ultimately convicted of seven Fire Code offences.
She was sentenced to:
- 135 days in custody
- $50,000 in fines
- $10,000 in victim surcharges
- Two years’ probation
The Court found her conduct as a Landlord to have been extremely negligent.
Importantly, this was not a Criminal Code prosecution for causing the deaths. The convictions arose from provincial Fire Code offences. Nevertheless, the case demonstrates that serious Fire Code violations can result in actual jail time.
For Ontario Landlords, the lesson is straightforward:
- smoke alarms,
- carbon-monoxide alarms,
- fire separations. and
- the legal status of rental units
are not matters to be taken lightly.
A Landlord should know exactly how many legal dwelling units exist in the property and ensure that all required safety measures are installed, maintained and operational.
The consequences of failing to do so can be devastating.
Brian Madigan LL.B., Broker