City of Winnipeg sued by insurers on behalf of River East School Division for firefighting deficiencies

Westview School (Source: River East Transcona School Division)

The River East Transcona School Division has filed a lawsuit on behalf of its insurer against the City of Winnipeg regarding a fire at one of its schools in March 2022.

A statement of claim on Sept. 26, 2024 in the Court of King's Bench.

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The lawsuit claims fire crews with the Winnipeg Fire Paramedic Service (WFPS) failed to completely extinguish the fire, which resulted in it starting up again two more times within a week.

The school division states in the lawsuit that a fire started at Westview School while a contractor worked on the roof above the south entrance on March 1, 2022.

"The Fire quickly spread from the place of origin into a void space in the wall and into the attic space of the School extending north from the south entrance canopy," the lawsuit reads.

The school division claims fire crews arrived at 5:10 p.m. to fight the blaze, noting the city is "vicariously liable for the acts and omissions of firefighters from the WFPS who attended at the School and provided firefighting services."

Between March 1 and March 7, the school division claims the fire reignited two more times after the initial response, and the school suffered more damage.

The school division also alleges the WFPS firefighters who attended the school were negligent and failed to completely extinguish the fire, overhaul the fire scene, determine the extent of the fire, and reasonably investigate continued smoke.

The lawsuit claims WFPS also failed to use or properly use thermal imaging technology during the first fire or when it reignited.

"The Plaintiff says that as a result of the actions and omissions of the Defendant it has suffered additional losses and damages to the School."

The school division is looking to recover the costs of the fires as well as general and special damages.

A spokesperson for the City of Winnipeg would not comment as the suit is before the courts.

Sandra Herbst, the superintendent and CEO of the school division said in a statement: 

“The subrogating insurers of the River East Transcona School Division (RETSD) have issued a Statement of Claim against the City of Winnipeg to protect the insurers’ rights of recovery in relation to the fire that took place at Westview School in early March 2022. We have been informed by legal counsel and our insurer that this is standard practice. The Statement of Claim has not yet been served on the City of Winnipeg. As the matter is before the Court of King’s Bench, RETSD has no further comment on the lawsuit.”