The family of a caregiver who died in a foster home fire in the City of Kawartha Lakes last year has launched a $5-million lawsuit, alleging negligence from the home owner, the province and a girl contributed to her death.
Andrea Reid, 43, and 14-year-old foster resident Kassy Finbow, died on Feb. 24, 2017, in a fire at a Connor Homes foster home in Oakwood on Quaker Road, about 20 kilometres west of Lindsay.
A criminal court hearing in March revealed the blaze was set in the main floor kitchen area, quickly spread, trapping the two in a room upstairs.
An investigation by The Toronto Star revealed doors in the room had been bolted shut and upper windows were too small for the occupants to escape.
Reid’s husband Robert and her three children are suing for financial losses and the loss of Reid’s “care, guidance and companionship.”
In March, a girl from a Northern Ontario First Nation admitted in court to lighting the fire as part of an emotional outburst when informed she would not be able to return home when she turned age 18. She cannot be identified as she was 17 at the time of the incident.
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She pleaded guilty to manslaughter and assault causing bodily harm and was sentenced to 19 months custody followed by six months of community supervision. The girl had originally been charged with two counts of second-degree murder and one count of arson causing bodily harm.
The teen, diagnosed with schizophrenia and fetal alcohol syndrome, was known for violent outbursts, court heard.
The lawsuit alleges that the foster home was a “fire-trap” that offered little chance of escape. None of the allegations made in the lawsuit have been proven in court.
“This lawsuit is about holding all the parties accountable for their negligence that lead to Andrea Reid’s death,” stated Kevin Henderson, the lawyer for the family and a partner at Oatley Vigmond Personal Injury Lawyers LLP.
The claim says Reid and Finbow “didn’t have any chance to escape,” alleging a series of negligent acts by the owners and operators of the home including:
- Providing a lighter to the girl who started the fire “despite knowing it wasn’t safe to do so”
- Breaching their duty of care by failing to take reasonable care to ensure Reid would be reasonably safe while on the premises
- Failing to be aware of “insufficient” fire escapes
- Failing to ensure that the property complied with the Ontario Building Code and municipal regulations
In a statement to Global News Peterborough, Connor Homes founder and president Bob Connor said the lawsuit is against his insurance company. His company operates private group and foster care homes in Central Ontario which are licensed under the province.
“These allegations are without merit as this home complied with and exceeded the regulations of fire, health and licencing,” stated Connor. “Information on this foster home will be forthcoming at the trial date.”
The lawsuit also names the Ministry of Children, Community and Social Services and alleges the ministry was negligent for:
- Failing to enact regulations and practices that would see foster homes regularly inspected
- Failing to regularly inspect the home for safety violations before renewing its licence
- Failing to ensure that the home had an appropriate amount of exits especially in the case of a fire
In response, the Ministry emailed a statement to Global News Peterborough saying it “continues to focus on creating better outcomes for children and youth.”
However, the Ministry would not comment further on “matters that are, or may be before the courts.”
The lawsuit also names the individual that set the fire and alleges she was negligent for:
- Setting a fire in the kitchen that she was unable to control
- Allowing the fire to get out of hand despite having an opportunity to extinguish it
- Failing to alert others in the home to the presence of the fire
- Failing to contact emergency services to deal with the fire
The lawsuit is expected to be heard in court in Lindsay.
“By holding all these parties accountable and by seeking substantial damages this case has the potential to ensure that something like this doesn’t ever happen again in a group foster home in Ontario,” added Jim Vigmond of Oatley Vigmond in the release.
“Vulnerable youth and the workers that look after them should be better protected and a ruling in our client’s favour will help make sure the government and group home operators pay better attention to safety.”
*A previous version had the incorrect date for Kassy Finbow’s death. It has been corrected.
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