Owners of Penticton condo involved in deadly 2020 fire sued for negligence

Photo: Mike Biden

The owners of a condo that was part of a major and deadly 2020 fire in Penticton are being sued for negligence on their property.

Dominique Gauthier was a resident of a unit at 217 Elm Avenue when, on October 27, 2020, a nearby unit alleged in the lawsuit to have been owned by William Walter Ten Veen and Cheryl Lynn Samuels caught fire.

The fire quickly spread through the building, killing two people. A subsequent investigation by the fire department deemed the cause accidental due to "smoker's material."

RCMP also deemed the cause accidental, and noted that "every home in that complex was affected by fire, at least by smoke and water."

Gauthier's lawsuit, filed this week in Kamloops, alleges that the fire was caused "by improperly, negligent and/or carelessly discarded smoking materials within [Samuels and Ten Veen's] property],"

She alleges the fire spread to her apartment and destroyed her possessions.

The lawsuit seeks general damages, costs and interest for her lost possessions, cost of alternate accommodations and increased living expenses, and other relief.

"The defendants breached the duty of care owed to [Gauthier]," reads the suit, accusing the two defendants of "carelessly discarding smoking material" and "failing to exercise reasonable care when smoking" on the property.

Attempts by Castanet to reach Samuels and Van Teen for comment were unsuccessful.