Metro Vancouver Housing Corporation, which provides subsidized housing to qualifying applicants, is suing long-time tenants of a Coquitlam apartment for compensation after a fire caused "significant" damage to the unit.
In a notice of civil claim filed Sept. 23 in B.C. Supreme Court, the regional housing authority is suing Wonye Daisy Shim and Myoung Joo Yun after the tenants failed to reimburse repair costs from the fire, which occurred Nov. 3, 2021.
The suit claims the fire was caused by a "carelessly discarded" cigarette and caused damage, including, fire, smoke and water damage to the building, located at 205 Marmont St.
It states that "at all regular times" the defendants smoked at their unit; one or the other was smoking on the front door landing and discarded a cigarette or other smoking material, which then ignited combustible material, and the fire spread.
"The fire was caused or contributed to by the defendants', or one or both, of their negligent actions or omissions," the lawsuit claims.
The suit has not been tested in court.
However, in its suit, Metro Vancouver Housing said there was not only damage to the tenants' unit, making it uninhabitable, but other units couldn't be used while repairs were ongoing, causing losses to the corporation.
It states that the tenants signed an agreement in 2012, which is "binding and enforceable," and required them to take steps to cover the cost of repairs for any damage.
The agreement also "implied" that tenants would also take reasonable care of the property and would properly dispose of smoking materials, the lawsuit states.
As a result of the fire, Metro Vancouver Housing had to cover several costs, including:
- the cost of emergency and permanent repair to the unit
- investigation, engineering and consulting costs associated with the repair work, loss of rental income and other damages proven at trial
"Despite demand, the defendants have refused, neglected or otherwise failed to reimburse the plaintiff for its loss, damage and expense," the lawsuit states.
It states that the tenants "breached their duty of care" to exercise care, skill and diligence expected of a "reasonably prudent" tenant occupying the unit.
The civil claim seeks damages, special damages and costs.
