47 Jade Crescent, Brampton FIRE
The case also demonstrates the danger of creating additional rental units without determining whether the proposed configuration is legally permitted.
A property that was designed and approved for two units cannot necessarily be treated as a four-unit rental property simply because the physical space can accommodate four households.
Creating additional units can raise questions involving:
- Building Code compliance;
- Fire Code compliance;
- fire separations;
- exits and means of egress;
- electrical systems;
- heating and ventilation;
- plumbing;
- occupancy;
- smoke alarms;
- carbon monoxide alarms;
- municipal licensing;
- zoning; and
- insurance.
The more units that are created, the more complicated these issues can become.
The Jade Crescent case demonstrates what can happen when the legal status of a property and the manner in which it is actually being used diverge.
The responsibility does not necessarily disappear when a property is purchased
Another important lesson is that purchasing a property that already contains an unauthorized unit does not necessarily insulate the purchaser from responsibility.
If a Landlord purchases a property and continues to operate it as a rental, the Landlord needs to determine:
What exactly am I operating?
Is it a legal duplex?
A triplex?
A four-unit property?
Are the units authorized?
Are the required fire separations present?
Are the required alarms installed?
Are they operational?
Were renovations properly permitted?
Does the electrical work comply?
Does the insurance policy reflect the actual use?
These are not questions that should be left until after a fire.
A Landlord’s due diligence
For Landlords, a sensible approach is to undertake a property safety audit.
At a minimum, the landlord should determine:
- What is the legal status of the property?
Do not rely solely upon what a previous owner told you.
- How many legal dwelling units exist?
Compare the actual configuration with municipal records and approvals.
- Were renovations properly authorized?
Determine whether permits were required and whether they were obtained.
- Are fire separations compliant?
Particularly where there are multiple dwelling units.
- Are smoke alarms properly installed?
The requirements must be assessed based upon the particular property and applicable Fire Code provisions.
- Are carbon monoxide alarms required?
The requirements have also changed. Ontario’s Fire Code was amended effective January 1, 2026, expanding certain carbon-monoxide alarm requirements.
- Are alarms actually working?
Installation alone is not enough.
- Are inspections documented?
A landlord should be able to demonstrate a systematic approach to safety inspections and maintenance.
- Does insurance reflect the actual use?
A landlord should ensure that the insurer knows the actual number and nature of the rental units.
- Are tenants being placed in an unauthorized or unsafe unit?
If there is a problem, it should be addressed before occupancy, rather than after something goes wrong.
The larger lesson
The Jade Crescent case is tragic because three lives were lost.
But the legal lesson extends beyond this particular Landlord.
The Court’s decision demonstrates that regulatory compliance can become a matter of personal criminal-like consequence even where the prosecution is technically under provincial legislation.
A landlord who creates additional units, rents them out, and fails to ensure compliance with basic life-safety requirements may be exposed to:
- Fire Code prosecution;
- substantial fines;
- probation;
- civil claims;
- insurance complications;
- municipal enforcement; and, in sufficiently serious circumstances,
- imprisonment.
The precise legal consequences will depend upon the facts and the charges proved. But the message from Brampton is unmistakable.
A rental property is someone’s home.
For a Landlord, it may be an investment.
For the Tenant, it is where the tenant sleeps, raises a family and expects to be safe.
The Jade Crescent fire demonstrates the potentially devastating consequences when the distinction between those two perspectives is forgotten.
Brian Madigan LL.B., Broker
www.OntarioRealEstateSource.com