Elliot Lake mall collapse victims' families launch $11.25M lawsuit

A lawsuit has been launched on behalf of two people killed in the collapse of a mall in Elliot Lake, Ont.

Several parties being sued, including the province, in the Ontario Superior Court of Justice

Personal injury lawyers have filed an $11.25 million lawsuit on behalf of the families of two women killed in the collapse of a shopping mall in Elliot Lake in June. (Amy Dodge/CBC)

A $11.25 million lawsuit has been launched on behalf of two people killed in the collapse of a mall in Elliot Lake, Ont.

The defendants

The suits, brought by the father, mother and brother of the late Lucie Aylwin and the two daughters of the late Dolores Perizzolo claim a total of $11.25 million in damages ($2.25 million per survivor) from a total of five parties:

  • The Province of Ontario's minister of labour.
  • The corporation of the City of Elliot Lake.
  • Robert Nazarian, president and treasurer of Eastwood Mall.
  • Eastwood Mall Inc.
  • M.R. Wright and Associates, the engineering firm that declared mall "structurally sound."

The plaintiffs

  • Teresa Perizzolo and Cindy Lee Allan are the daughters of the late Dolores Perizzolo.
  • Rejean Aylwin, Rachelle Aylwin and Stephane Aylwin are the father, mother and brother respectively of the late Lucie Aylwin.

Relatives of Lucie Aylwin and Dolores Perizzolo are suing the mall's owner, the company that inspected the mall, Elliot Lake city council, and the ministry of labour. The relatives are seeking $11.25 million in a lawsuit that claims the defendants were negligent and that the condition of the mall was known, but ignored.

The rooftop parking lot of the mall collapsed June 23.

Experts 'assured' public mall was safe

Perizzolo and Aylwin were standing near a lottery kiosk located within the Algo Centre Mall when the roof collapsed on both women and killed them.

"These deaths are a senseless, needless loss that should never have happened," said Roger Oatley of Oatley, Vigmond LLP, the lawyer acting for the families.

"What makes these claims unique is the claim for punitive and aggravated damages. This is Canada, not some unregulated third-world country. The building should have been built according to code. There were expressions of concern by members of the public.  And when the building was inspected after those concerns were expressed, experts re-assured the public it was safe."

The mall collapse is currently the subject of a provincial inquiry.