Reference no: EM132676774

Erica lived 4 houses down the street from Brad. On December 15th there was an explosion at Brad's house. The resulting fire totally destroyed Brad's house and spread to Erica's house when a spark from the explosion landed in a pile of firewood stacked next to Erica's family room. The Fire Department managed to extinguish the fire at Erica's house with minor damage to the exterior. However, the force of the water from the fire hose broke Erica's family room windows, which resulted in significant water damage to the interior of the house. Erica had neglected to place insurance on her house.

The Fire Marshall subsequently inspected the scene and has determined the following:

• Natural gas had "leaked" from an improperly installed furnace valve in Brad's house and collected in the basement.
• The Ontario Building Code requires that all furnaces be installed by a licensed gas fitter. 
• The furnace was installed by Patrick who worked for A-1 Furnaces Limited on December 1. Patrick had taken and passed all required courses to become a licensed gas fitter, but did not pay the fee to the Gas Fitter's Association for the issuance of a license. 
• The Building Department of the City of St. Catharines had not completed a final inspection of the installation of the furnace. Although Brad had requested the inspection, the building inspector indicated their department was very busy and that they would contact him some time in January to arrange a time for the inspection. 
• The City's bylaw prohibited the storage of firewood adjacent to dwellings to prevent problems with rodents. Erica was not aware of the bylaw. 
• Katharine, a firefighter with the City of St. Catharines, had attempted to extinguish the fire in the wood pile by pointing the fire hose directly at the smoking wood pile. As a result of the pressure, the wood scattered, hitting the family room window. Katharine subsequently soaked the inside of the family room to ensure there were no burning embers. The preferred fire fighting technique would have been to direct the water along the side of the house between the house and woodpile to separate the burning wood from the house and therefore avoid any significant damage to the house. Erica wishes to commence an action against Brad (since the fire originated and spread from his house) and any other person who may be liable. She thinks Patrick, A-1 Furnaces, the City and Katharine should all have some liability. 
• Brad claims that he has done nothing wrong, he had never met Erica, and someone must also compensate him for his loss. Furthermore, Brad maintains that Erica's loss is her own fault since she had not arranged insurance coverage.

Required:

Problem 1: Examine the legal basis for the claims of Erica and Brad, the parties they should include in the legal action, the issues that will be raised and the likely result. Be certain to explain and discuss the application of the principles of negligence.