Inquiry into fatal Elliot Lake mall collapse to change scope of family lawsuit

The massive and anticipated Elliot Lake Inquiry that got underway on Monday is expected to bring closure to a northern Ontario community scarred by a sudden mall collapse last year, but it could also have a residual impact on a lawsuit launched on behalf of those killed in the crash.

Roger Oatley, the lawyer is heading a lawsuit on behalf of the families of two women killed in the mall collapse, says the details collected and being released as part of the inquiry will change the scope and focus of their legal action.

The lawsuit was originally pegged at an $11.25 million price tag directed toward the province of Ontario. Oatley told Yahoo! Canada News the lawsuit will now likely be directed against the City of Elliot Lake, the mall management and an engineering firm that recently inspected the structure.

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“Before we started the claim we had no idea this roof had been leaking for 30 years, and we certainly had no idea that anybody had removed incriminating photographs from a report,” Oatley told Yahoo! Canada News on Monday. “Subject to amending our claim to include new allegations such as that, we will be proceeding with it.”

The Elliot Lake Inquiry stems from the collapse of the Algo Centre Mall in Elliot Lake, Ont., on June 23, 2012. Lucie Aylwin and Doloris Perizzolo were killed when a rooftop parking lot crashed into the shopping centre.

Inquiry commissioner Justice Paul Bélanger will be intent on learning what happened to cause the crash, as well as delve into the effectiveness of recovery efforts, and recommend changes to similar instances in the future.

Details being released through the inquiry have led Oatley to believe that the mall owner Bob Nazarian was aware that water had been leaking through the steel structure for more than 30 years. Not only that, but it is believed Elliot Lake bureaucrats knew of the problem and that an engineering firm tasked with inspecting the structure removed incriminating photographs from its report, at the request of the mall owner.

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“I say it appears that this is the case because no one has admitted to it yet. But based on the documentation that is being disclosed, that is what appears to have happened,” Oatley said.

In his opening comments on Monday, Bélanger said the inquiry was not operating for the benefit of such legal action.

Justice Paul Bélanger said:

Still, providing guidance to the families’ lawsuit is one of the inevitable side effects of this public inquiry, which is expected to outline the mall’s safety history, what led to the collapse, and the government’s role in the whole affair.

“It is still pretty fresh and they are grieving,” Oatley said of the families of Aylwin and Perizzolo. “The inquiry is very difficult for them. It is tough to lose a family member, but especially tough to lose a family member when it comes as a complete surprise. It is really such a wasteful, needless loss.”

Oatley said the lawsuit will being ongoing to about two years, “unless it gets settled along the road.”