Lawsuit filed in fatal Dartmouth apartment fire

A proposed class-action lawsuit filed after a fatal fire at a Dartmouth, N.S., apartment building last spring makes allegations ofdry fire hydrants, faulty alarms and smoke detectors that didn't go off.

One woman died in the May 19 blazeand 150 tenants were forced from their homes.

Sarah Parker was rescued from her fourth-floor balcony and lost virtually everything she owned in the fire.

"The fire didn't end for us on that day," said Parker, the lead plaintiff. "We're still going through the after-effects of it and we will be for quite a long time."

Also named in the lawsuit are the owners of the apartment building and Northview Apartment REIT, the company that managed the building in Dartmouth's north end.

It's alleged in anotice of action that complaints had beenmade against the woman who died in the fire for smoking in the building.

An investigation by Halifax Regional Fire and Emergency found the fire, which broke out shortly after 3 a.m., originated in the woman's apartment and the likely cause was careless use of smoking materials.

The notice said there were issues in the building with faulty alarm bells that did not sound on two floors and smoke detectors that did not go off.

"In our view that contributed to the fire being as extensive as it was and the delay in people removing themselves from the building," said David Coles, a lawyer with Boyne Clarke.

"Inspections would have picked up the deficiencies and these weren't corrected, there is a concern about followup and enforcement."

Parker wasn't the only resident who could not get out of the building without help.

Firefighters were commended for rescuing several people from balconies but they had trouble fighting the blaze due to a pair of fire hydrants near the building that did not provide water, according to the notice.

"The firefighter and myself could hear the yelling from his co-worker stating, 'The hydrant's dead, we have to go to another one,'" said Parker. "This was yelled loud enough that all the bystanders and myself, who was trying to get down from my balcony, to hear."

The Halifax Regional Water Commission would not comment as the matter is before the courts. Halifax Regional Municipality saidthere was no negligence on their behalf and they plan to defend the action.

Coles saidabout 40 residents are ready to move forward with the suit, which has not yet been certified.

He'sexpecting more to come forward now that the suithas been filed.

"As part of the process, there will be further advertising to make sure everyone is aware of it."