‘Inattentive and distracted’ security guard failed to stop arson at Manitoba Housing retirement home: lawsuit

Posted on November 4, 2024 by Peggy

Manitoba Housing is suing a now-bankrupt security company for over $300,000 after trespassers allegedly played piano and peed on the floor before setting two fires at a Dauphin retirement home — all while a guard was in the building.

The Crown corporation is suing Neptune Security Services, based in Mississauga, Ont., for $320,000 in damages and further amounts to be proven at trial, says a statement of claim filed at the Manitoba Court of King’s Bench on Oct. 24.

Parkview Lodge, an 11-storey retirement home in Dauphin, suffered fire, smoke and water damage in the early hours of Oct. 25, 2022, the lawsuit says. The second to 11th floors contain low-income rental units, while the main floor has offices and common areas.

Three trespassers broke into the building shortly after 2 a.m., walking directly past the office where a Neptune security guard had spent most of his shift, the lawsuit alleges.

The trespassers “moved freely” from room to room, playing a piano and billiards and vandalizing objects, the statement of claim says, with one man urinating on the floor.

They then set two fires on the main floor — one in the kitchen and one in the lounge — triggering the fire alarm just after 3:30 a.m., the lawsuit says.

Although he was expected to complete five to six hour-long patrols in his 12-hour shift, the guard at Parkview Lodge that morning was “inattentive and distracted” in the first few hours of his shift, the lawsuit alleges.

“He did not complete an hour-long patrol. He did not patrol at all,” instead spending “all but a few minutes” of the shift in a main floor office, the statement of claim says.

The office was right next to the common areas where the trespassers were roaming.

“If the guard had completed even a cursory patrol of the main floor, he would have been alerted to the presence of the trespassers,” and would have prevented the damages, the court document says.

The damages to Parkview Lodge required immediate repair and remediation, Manitoba Housing says, and some of the corporation’s personal property was also destroyed.

The known damages amount to $320,000, but Manitoba Housing expects to experience further losses.

Man pleaded guilty to arson

Manitoba Housing alleges the security company is vicariously liable for the inaction of its security guard, which breached its contract with the corporation.

Alternatively, Manitoba Housing accuses Neptune and the security guard of negligence by failing to fulfil the obligations in their contract, breaching the duty of care that the corporation was owed.

No statement of defence has yet been filed and the claims have not been tested in court.

Neptune declared bankruptcy in May 2023. The company’s trustee did not respond to CBC’s request for comment prior to publication.

A few days after the fire, a 21-year-old man was charged with arson with a disregard for human life, as well as mischief, RCMP said at the time.

Court records show Alexander Koski pleaded guilty to the arson charge and received a four-year sentence, minus time served. The mischief charge was stayed.

The retirement home was evacuated after first responders discovered the fire, and no injuries were reported, RCMP previously said.