WP Magazine

Accidental Fires

Meeting the Burden of Proof to
Establish Liability

By: Joseph Baldanza, Partner and Liam Mackrell, Associate – Bell Temple LLP

It is well-established law in Ontario that a plaintiff cannot recover damages arising from an accidental fire. The determination of liability regarding fire loss in Ontario hinges upon finding the specific origin and cause of a fire. If it is not possible to determine how or where the fire originated, the fire will be deemed “accidental”, and any possible liable party will be relieved of liability. The Fire Protection and Prevention Act, 1997, S.O., 1997, c. 4, (“the Act”) provides that no action for damages can be brought as a result of an accidental fire.