Toronto school board sues city, fire department for 'gross negligence' in York Memorial school fire

The Toronto District School Board is suing the city, fire department, police services board and Ontario Fire Marshall for $90 million over a fire that destroyed York Memorial Collegiate Institute. 

The lawsuit alleges Toronto Fire Services' "gross negligence" caused the fire to "rekindle" and spread throughout the heritage building, and that the fire marshal subsequently sought to cover up their mistakes. It also says Fire Chief Matthew Pegg and other spokespeople made misleading statements about the fire in media interviews.

The allegations have not been proven in court.

The City of Toronto said it does not normally comment on matters before the courts, but has decided to do so after reviewing the "unfounded allegations" against city staff, who cooperated fully in the fire investigation.

"Staff took all appropriate steps to preserve evidence, and allegations in the claim that suggest otherwise are patently untrue and irresponsible," the city said in a statement.

"It is unconscionable that the TDSB and its insurers would impugn the integrity of Fire Chief Matthew Pegg and other Toronto Fire Services staff in this manner."

The city said it will "vigorously" defend itself against the allegations.

'Catastrophic damage'

In the afternoon of May 6, 2019, firefighters responded to a fire alarm in the second floor auditorium of the high school where drama students had been in class moments before.

Fire fighters attempted to breach the stage wall to apply water, but faced multiple layers of wood as well as other obstacles, and left to change out air cylinders, said the statement of claim. They were then told that the fire had been extinguished and "abandoned" efforts to soak the stage area, the school board alleges. 

The fire department did not post a fire watch, despite the building's age and being constructed of combustible materials such as cardboard and horsehair with no sprinkler system, the school board alleges. As firefighters and inspectors left the scene, the fire continued burning in the floors and walls.

A TDSB security guard was posted to the site overnight. At 3:15 a.m. on May 7, he noticed a flicker of light and called the fire department, the school board said. By then the building was ablaze.

The building suffered "catastrophic damage," said the statement of claim. "The consequences of the fire have been devastating for the TDSB, as well as its staff and its students." 

Pegg "falsely reported to the TDSB, media and others" that the fire on May 7 was a separate incident from the first on May 6, the lawsuit alleges.

The final Ontario Fire Marshal report, based on a meeting with Pegg, was drafted to "downplay, mislead, conceal and suppress evidence of negligence and gross negligence" on the part of both the fire marshal and the city fire department, the lawsuit said.  

Pegg said he became aware of the statement of claim when a colleague sent him a media story Wednesday, but declined to comment further.

The TDSB said it and its insurer had attempted to settle the matter outside of court, but was left with no choice but to take legal action.

"Our focus remains on supporting the 900 students and staff that were sadly displaced by the fire two years ago," said spokesperson Ryan Bird.

"At the same time, the important cleanup and preparation work that is critical to the rebuilding process is continuing at the site as we look to once again provide generations of students and staff with new high school memories while honouring the past."

He said the school board is committed to rebuilding York Memorial, regardless of the outcome of the lawsuit.