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THE MISSISSAUGA NEWS
Tenants told City Malton building needed repairs
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THE MISSISSAUGA NEWS
Tenants told City Malton building needed repairs
Henry's mother Simone Richards has said a safety device designed to prevent her apartment windows from opening fully was not in place properly.
"We are aware of the building and have had other business with them," said McGrath, adding that representatives of the building's owners have indicated they have since reinstalled the safety devices, or "stoppers," on the windows of Richards' apartment.
Bylaw requires window safety devices
City of Mississauga bylaw officers had previously investigated complaints at the Malton apartment building where a 6-year-old boy recently tumbled to his death.
According to the City's manager of bylaw enforcement Susan McGrath, her inspectors have received several complaints from residents of the building at 3425 Morning Star Dr., where Gary Henry slipped and fell to his death last week after leaning out a window to wave at friends.
However, McGrath could not confirm that the work had actually been done.
According to the City's director of enforcement, Elaine Buckstein, Mississauga property standard bylaws require owners to provide and install safety devices on any window or balcony door to ensure that young children are unable to open them to a width greater than 10 centimetres. Buckstein said property owners who fail to do so can be charged with non-compliance of a property standards order and face a fine of either $5,000 for an individual or $25,000 for a corporation.
However, cases involving improperly installed safety latches are rare, said Buckstein.
"Unfortunately, it takes an event like this to educate people. We hope that if there are other unsafe windows, people will take it up with the property manager and, failing that, by-law enforcement," she said.
Peel Regional Police indicated the last time someone in Mississauga fell to their death was almost six years ago when a University of Toronto at Mississauga student tumbled off a dormitory balcony.
Calls to building owner Canadian Apartment Properties Real Estate Investment Trust (CAP REIT) president Thomas Schwartz were not returned. The company did issue a statement via their website saying: "The well-being and safety of our residents is our top priority and we are confident that this unit met all applicable standards."
As of yesterday, the police investigation continues. Det. John Hall of the 21 Division Criminal Investigation Bureau said while the case is still under review, police are leaning towards declaring it an accident. Hall indicated there appears to be no criminal negligence by any of the parties involved and the issue of safety devices is a bylaw enforcement matter.
Richards' Mississauga-based lawyer, Munyonzwe Hamalengwa, said his client is still waiting to hear the results of a police investigation.
"We don't expect the police to say anything really dramatic, but whatever we do, it will not depend on what the police determine," said Hamalengwa.
He indicated it was "too soon" to consider taking civil action, but added his client was adamant her son's death could have been prevented.
"She continues to say her child would not have died if they had fixed (the safety devices). When a tenant requests that management come and fix something, do it," said Hamalengwa.
Member Of:
riminal Lawyers Association The Law Society Of Upper Canada
Last Modified: August 11, 2007
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