N.B. seeks to settle jail fire class-action lawsuit for $1.28M
CBC
The New Brunswick government has agreed to settle a class-action lawsuit filed by inmates over a 2017 jail fire believed to have started by a worker's discarded cigarette.
The New Brunswick Office of the Fire Marshal determined the Oct. 25, 2017, fire at the Southeast Regional Correctional Centre in Shediac was accidental.
It ruled the fire likely happened when a discarded cigarette butt fell between the openings of a wooden ramp and ignited a pile of dry leaves in a non-smoking area only employees could access.
In 2018, inmates at the jail filed a class-action lawsuit against the province alleging negligence by staff led to violations of the rights of the inmates, as well as physical and psychological harm.
A class action is a type of lawsuit where one or more people, called representative plaintiffs, sue on behalf of a larger group, or class, claiming similar harms.
The case was certified as a class action by a judge in 2020, allowing it to proceed.
Documents in the case file say a settlement was reached in June that would see the province pay $1.27 million. The settlement must still be approved by a judge.
The documents in the file say despite the settlement, the province denies the truth of the allegations in the lawsuit and denies any liability.
A spokesperson for the province said it wouldn't comment on the proposed settlement.
The jail fire representative plaintiffs are Jessy Timothy Rose and Lee Mitchell, with a class of 162 people who could be eligible to make a claim for settlement funds.
The proposed settlement would see all class members able to claim a basic payment of up to $5,000. Inmates with proof of physical or psychological injuries could claim larger amounts.
Affidavits from inmates described their experience during the fire.
Jamie Cassie was in his bunk when he noticed it was getting dark outside and others in the jail unit, which had about 40 people, started yelling "fire" and banging on cell doors.
Cassie described smoke starting to enter the cell through the vents, which he and his cellmate tried to block with clothing, bedding, toothbrushes and toilet paper.
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