The Kitchener, Ont., woman convicted in London’s 2019 Old East Village explosion is suing the food and beverage provider for Budweiser Gardens, arguing it should cover “any awards” derived from lawsuits filed against her by those affected by the Woodman Avenue blast.
In a statement of claim obtained by Global News and filed on Jan. 5, Daniella Leis and her father Shawn Leis are seeking a ruling that Ovations Ontario Food Services L.P. be held responsible for “any awards or judgment amounts, including interest and costs” from the six Ontario Superior Court and small claims court actions launched against them.
In total, the court actions seek damages totalling around $4.97 million.
The Aug. 14, 2019 crash sparked a massive explosion that completely levelled 450 Woodman Ave., severely damaged nearby homes and resulted in the evacuation of the entire neighbourhood.
Seven people were injured in the incident, including two firefighters as well as two police officers.
In a $2.5-million lawsuit against Daniella and Shawn Leis launched in January of 2021, a statement read that Daniella Leis was negligent in that she drove at an excessive speed heading the wrong way down a one-way street while in a vehicle with defective brakes, windshield, headlights and/or steering equipment.
However, the recent statement of claim alleges that if the court finds the victims of Woodman Avenue suing Daniella and Shawn Leis did, in fact, suffer any injuries, losses or damages, they were “caused or contributed to by the negligence, breach of duty, breach of contract” and contravention of both the Liquor Licence Act and Occupiers’ Liability Act by Ovations.
According to the document, Danielle and Shawn Leis claim that she became intoxicated at Budweiser Gardens the night of the explosion, and state that the defendant failed to ensure her safety and “allowed for dangerous activity to be carried on at Budweiser Gardens.”
The claim also alleges that Ovations continued to sell Leis alcohol when it knew, or ought to have known, that she was intoxicated and failed to recognize her “apparent signs of impairment” in combination with undertrained or unsupervised staff and “put profit above safety.”
“They fostered and or tolerated an atmosphere of over-serving liquor to patrons and event attendees,” the document stated.
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Additionally, they allege that Ovations failed to take reasonable steps, or any steps, to ensure that Leis would not drive after being ejected from Budweiser Gardens, adding that the company failed to notify police when they knew, or ought to have known, that she was intoxicated and intended to drive.
None of the allegations have tested in court. As of Monday, statement of defence has not been filed.
Global News has reached out to Ovations Ontario Food Services L.P. for comment, but did not receive one in time of publication.
The civil action comes after Daniella Leis pleaded guilty in October 2020 to four counts of impaired driving causing bodily harm in connection with the criminal investigation.
In 2021, she was sentenced to three years in prison.
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