The City of Prince George has issued a wholesale denial in answer to allegations raised in a legal action brought by the owner of a downtown nightspot in the aftermath of an explosion that levelled a nearby building this past summer.
Contrary to a notice of civil claim filed against the City in January by Trevor Sakamoto, whose company Encore Promotions Inc. owns Heartbreakers nightclub, the Aug. 22, 2023 blast that took down the long-vacant Achillion restaurant at 422 Dominion St. was "not reasonably foreseeable."
"The Explosion was not caused by any act, omission, fault or breach of duty of the City, the City’s Bylaw Enforcement Officers, or its authorized agents or employees," the City further states in a response filed March 4 at the Prince George courthouse.
Sakamoto alleges that the day before the explosion a city employee on regular duties in the vicinity noted a strong smell of natural gas coming from the building. When she reported the smell to the city's bylaw enforcement office, she was told they would take care of the problem, according to the claim.
The next day, the employee was once again in the vicinity "and again was alarmed by the strong smell of natural gas." Using her cellphone, she contacted Fortis, the natural gas supplier, and while doing so the building exploded and she was severely injured.
The worker, identified as 34-year-old Victoria Mcgivern, was blown off her feet and buried in debris, suffering a serious head injury, extensive burns and torn tendons in her hands, which required surgery. Three other people also suffered injuries in the blast.
However, in the response, the City maintains the employee in question was not working in the vicinity of the building the day before and if there was a leak the City had no knowledge of it.
The City further notes the explosion did not occur until the next day and was "caused by the theft, tampering or other unauthorized and unlawful interference with copper piping, gas fixtures and/or other utility components" within the building of which the City had no knowledge.
In the notice of claim, Sakamoto also states the explosion was brought about by persons unlawfully in the building taking copper pipe.
Sakamoto is seeking damages from the City, saying the explosion damaged the nighspot's exterior cladding, its HVAC and other external machinery, and broke windows and blew toxic materials into the interior.
The owner has insurance coverage for some but not all of the damage and only at a discount due to the building's age and condition at the time of the explosion. A loss of profits was also suffered due to the subsequent closure for repairs, the claim states.
None of the allegations have yet been tested in court.
