ENDERBY – The owners of a north Okanagan business destroyed by fire won’t collect any insurance money because they probably started the blaze themselves or had someone do it for them.
When the late night fire broke out at the Little City Fashions clothing store in Enderby in January 2011, owners Joan Rolston and her husband were in debt and their credit limit was maxed out. As well, the store was not profitable and was up for sale.
The fire was started on the second floor using an accelerant but there were no signs of forced entry into the building.
Rolston unsuccessfully sued Canadian Northern Shield Insurance Company for payment, with the judge ruling Rolston and her husband had motive to cause the fire to try recoup their investment losses in the struggling business. The judge also noted no one else had reason to torch the store and the couple were the only people who had access to the building.
“Little City’s financial picture was not promising and they were in significant debt because of the business. They made significant capital injections but experienced no return on that investment. The insurance coverage was sufficient to satisfy the debt on the building in addition to all other debts relating to Little City,” said Mr. Justice Dev Dley.
“I find on a balance of probabilities that either Ms. Rolston or Mr. Van Dokkumburg caused the fire.”
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