Ontario Judge Approves $10 Million Settlement for Elliot Lake Mall Collapse Victims
An Ontario judge has given final approval to a $10 million lawsuit settlement, nearly 14 years after the catastrophic roof collapse of the Algo Centre Mall in Elliot Lake. The tragic incident on June 23, 2012, resulted in the deaths of two women and injuries to 19 others, marking one of Ontario's most devastating structural failures.
Judge Glustien Moves Forward with Agreement
On Friday, Justice Benjamin Glustien listened to presentations from all involved parties before announcing his decision to approve the settlement agreement. According to reports from BayToday.ca, Justice Glustien stated during the hearing, "I will be approving the settlement. No matter what we do here, it's never going to change the day that happened. But at least it can do something towards fairness and towards closure for people who were involved."
The settlement follows years of complex legal proceedings and mediation sessions involving multiple defendants. The civil case, officially known as Quinte vs Eastwood Mall et al, was initiated shortly after the disaster and received certification two years later. Initially, plaintiffs had sought $30 million in damages, but the parties eventually reached the $10 million agreement through extensive negotiation.
Details of the Tragic Incident
The rooftop parking lot of the Algo Centre Mall collapsed on June 23, 2012, claiming the lives of Lucie Aylwin, 37, and Delores Perizzolo, 74. Investigations revealed that the roof had been leaking into the shopping center for years prior to the collapse, with some reports suggesting problems existed from the building's construction.
A lawyer representing the victims' families told the Sudbury Star in 2013, "We know that the roof leaked from the day it was built and yet nobody fixed it." This statement underscores the preventable nature of the tragedy that has haunted the Elliot Lake community for nearly a decade and a half.
Distribution of Settlement Funds
The $10 million settlement will be distributed among multiple defendants, though none have admitted liability under the agreement's terms. The breakdown of payments includes:
- The City of Elliot Lake: $3.5 million
- Algoma Central Properties (subsidiary of Algoma Central Corporation): $2 million
- Eastwood Mall Inc. and its president Bob Nazarian: $1.745 million
- Retirement Living and its for-profit arm NorDev: $1 million each
- The engineering firm that inspected the mall two months before collapse: $730,000
- The Province of Ontario: $400,000
- The company that provided hollow core slabs for the rooftop parking deck: $225,000
- Original architect James Keywan: $175,000
Path to Resolution
According to Toronto law firm Roy O'Connor LLP, which provided updates on the case, the settlement agreement was reached after multi-year mediation sessions conducted first by a retired Court of Appeal judge and more recently by the former Chief Justice of the Court of Appeal. The process involved various court hearings, document exchanges, examinations for discovery, and a scheduled summary judgment motion.
Families of the victims, including those of Aylwin and Perizzolo, were informed in early March that a proposed settlement had been reached, pending judicial approval. The mall itself was permanently closed following the collapse and has since been demolished, leaving a physical and emotional void in the Elliot Lake community.
This settlement represents a significant step toward closure for the affected families and survivors, though it cannot undo the tragedy that occurred on that fateful June day in 2012. The case has highlighted critical issues regarding building maintenance, inspection protocols, and corporate responsibility in Ontario's commercial infrastructure sector.
