Centre Wellington Township is being sued for what is being called a failure to maintain life insurance for its firefighters.
The plaintiffs are seeking $100,000 plus costs, and have filed the suit in the Ontario Superior Court of Justice.
The plaintiffs are Deborah Alles, administrator of the estate of John Alles, plus Elora Firefighters Association president Steven Boys, vice-president Kevin Rathwell, treasurer Terry Heseltine and member Daniel Dunlop. Those firefighters were appointed by members of their association to bring the action on behalf of all members.
The statement of claim for the action states that prior to 2003, the township maintained basic life insurance coverage for all of its firefighters. The claim states that a township bylaw says the township must maintain that life insurance, and if the township had followed that bylaw, Deborah Alles would have been entitled to receive $100,000 upon the death of her husband.
“Despite repeated requests by the Elora Firefighters Association and its members, the township continues to refuse to obtain and maintain $100,000 in basic life insurance coverage for the firefighters it employs, in breach of bylaw 2008-045,” the statement of claim says.
The plaintiffs are seeking “a final mandatory order requiring the township to obtain and maintain $100,000 in basic life insurance coverage for them, with the township paying 100% of the premiums.”
The lawsuit claim states, “On or about July 20, 2011, John Alles passed away while on duty for the township and while responding to an emergency call. Deborah was advised by the township that there was no basic life insurance coverage in place for John Alles to make a claim for benefits.”
The lawsuit also states the death of Alles was the first time the volunteer firefighters had learned there is no basic life insurance to cover them in the performance of their work.
Centre Wellington Mayor Joanne Ross-Zuj said in an email, “This case is in the court and our insurance company is handling the facts.
“It really saddens me that they would think that we are not working in their best interests. The action taken by this group forced a legal route which will be judged in court.”
Centre Wellington chief administrative officer Michael Wood said the township dropped the old life insurance policy around 2004 and it was replaced with a more comprehensive policy brought in by Fire Chief Brad Patton.
Wood said the claim by the plaintiffs that Alles died on the way to a call “wasn’t applicable. That’s their claim, so we will be responding to that. It’s in the hands of the insurance company.”
Wood explained the township’s insurance company will be defending the township’s interests in the lawsuit.
