‘It’s not right’: Residents living near torched upper Stoney Creek construction site want builder to cover damages

Smouldered cars, blasted-out windows, charred furniture and razed grass.

Given the damage, you'd think the fire happened at Keshia Betty's house.

Instead, the blaze on July 11 that rocked her modern upper Stoney Creek neighbourhood - dotted with cookie-cutter homes and young families - happened across the street at an under-construction housing development.

Buoyed by strong winds, with flames rising some 30 to 40 feet, the inferno-like fire gutted 23 half-built townhomes, damaged a dozen other occupied units nearby and caused more than $10 million worth of repairs.

We're looking at tens of thousands of dollars in damage in my unit alone," said Betty standing outside her home on Soho Street, near Rymal Road East and the Upper Red Hill Valley Parkway.

The mother of an eight-month-old daughter is frustrated she'll have to shoulder some of that sum after builder Losani Homes told affected residents it won't cover damages through its own insurance.

If you're a big company with millions of dollars, why aren't you helping us out with your own insurance?" said Betty. We didn't have any part in the fire. It's like they're taking no accountability."

The instruction from Losani means residents looking to recoup damages will have to pay at least $1,000 in deductibles - an amount Betty said has left her young family in a bind.

After COVID and everything, nobody has that kind of money laying around. We can't and shouldn't have to pay it."

In an emailed statement, Losani said it wishes to ensure that financial burdens borne by residents are minimized and will be reviewing the responsibility for deductibles.

We are currently in discussions with our insurance carrier in this regard," the builder added. Each case will be reviewed carefully and independently."

People on Betty's block have no choice but to file insurance claims. The damage to their units is too great, and many have had to find temporary lodging as crews make hefty repairs. But others aren't so sure.

Take Chantelle Legere, who lives in a townhome on Times Square Boulevard, a few hundred metres behind the torched development. She said the blaze melted parts of her roof, left burn holes on her deck, incinerated her trampoline and cracked her windows. And she said she's looking at damages of around $1,300.

It's not as bad as people on Soho, but this is personal property we want fixed," Legere said. But our insurance says we have to pay a huge $1,000 deductible. So what, only $300 is going to be covered?"

It's not right. Losani has to take responsibility. That's all we want to see," Legere added.

Hours after the fire broke out, Losani posted a long message to its Facebook page saying it stands by its community and empathizes with affected residents.

(W)e are here for you," the builder wrote.

But that just hasn't been true," opined Scott Davidson, who also lives on Times Square Boulevard. My wife nearly got hit with an ember in the face. They don't seem to care about damages or how the fire has affected us."

Davidson said his backyard looks like Swiss cheese," with damages north of $3,000.

And I don't think I'll go through insurance because I don't want my rates to go up," he added. It's upsetting because we want it fixed and Losani doesn't want to cover it - but worst of all is we still don't know how the fire started."

Indeed, many of the residents who spoke to The Spectator this week expressed frustration with the lack of information provided about the fire's origins.

Losani said the probe into the fire's yet-to-be-determined cause is ongoing.

It is possible that the fire may have originated off the construction site," Losani said.

But who is still investigating the fire is unclear.

The Hamilton Fire Department directed inquiries regarding possible causes to the Hamilton Police Service, which said its arson unit concluded the blaze was not suspicious.

We then turned the investigation over to the Ministry of Labour," said Const. Krista-Lee.

The ministry, meanwhile, said the probe into the fire now rests with the Ontario Fire Marshal, who told The Spectator it is not investigating.

It's been determined that there is no reasonable prospect of an origin or cause determination and (an) investigation will not be taking place," the agency said in an email.

While the status of the probe into the fire is murky, the ministry said it continues to investigate possible work-related infractions committed by Losani.

Losani was issued five orders and three work requirements after inspectors visited the development site July 12, the ministry said. The Spectator has asked for more details on the orders and requirements.

Sebastian Bron is a reporter at The Spectator. sbron@thespec.com