PUSLINCH – The owners of the building that housed the Old Marina Restaurant at Puslinch Lake destroyed in a fire two years ago allege the fire was due to a faulty or poorly maintained heat pump or HVAC system.
Puslinch Beach and Marine Limited, which operates as McClintock’s Trailer Resort, has filed a $4 million lawsuit in London against multiple defendants including HVAC and heat pump manufacturers, distributors, installers, service providers and the former owners and operators of the Old Marina Restaurant and adjoining gift shop.
None of the allegations have been tested in court. No statements of defence have yet been filed.
A woman who identified herself as Sharon McClintock and an owner of Puslinch Beach and Marine Limited declined to comment when reached by phone.
The Old Marina Restaurant, which was on the McClintock’s Trailer Resort property at Puslinch Lake, and all equipment were completely destroyed in a fire on July 30, 2022 causing an estimated $2 million in damages.
Fire officials had said the fire started in the basement but had never officially released a cause of the fire.
The statement of claim filed in court said the fire “originated within a geothermal water furnace energy system or ‘pump’ … or the HVAC system … located in the utility room of the basement of the building which provided heating and cooling throughout the building.”
The plaintiff pleads the fire and resulting damages occurred due to the defendants’ negligence in providing proper service, maintenance, manufacture, repair and inspection of the heating and cooling systems and failing to provide proper notice of their defective nature and potential fire hazard.
It also alleges the former operators of the restaurant did not maintain the systems in accordance with their lease and did not hire competent people to install, service and repair them either.
“As a result of the defendants’ aforesaid negligence, breaches of contract and breaches of statutory and common law duties, the building sustained catastrophic smoke, soot and fire damage and was completely destroyed,” the statement of claim says. “Full particulars of the loss will be provided prior to trial.”
The plaintiff proposes this case be tried in London, Ont.
Michael Bailey, the lawyer representing the plaintiff, said in a phone call the fire remains under investigation but the lawsuit needed to be filed within two-years of the fire due to legal statute of limitations.
