A mother and her son are being forced to pay $820,000 for their role in an apartment fire more than five years ago in the community of Ste. Anne.

On the night of March 26, 2012, a four alarm fire destroyed a three storey apartment block on St. Alphonse Street. According to the Ste. Anne Fire Chief of the day, the fire started at the west end of the building and went up through the roof.

(Apartment fire on the night of March 26, 2012)Within 48 hours, investigators determined careless smoking is what caused the fire. Investigators said the fire started after someone put a cigarette in a planter that smouldered for hours before bursting into flames.

Court has since heard the fire started in unit 204, which was being rented by Donna Fontaine. On the night of the fire, Fontaine was home with her son Anthony Burton, as well as two others, all who were smokers. There was a plastic planter on the balcony which contained peat moss. That night, the defendants used that planter to dispose of their cigarette butts. And, several hours later, the building was engulfed in flames.

In her decision, Justice Candace Grammond has determined that both Fontaine and Burton are liable as their "actions that night created an environment conducive to the ignition of fire."

The judge ruled that Fontaine is at fault for "providing a combustible ashtray to her guests" and that "her negligence was grounded in true ignorance," in that she didn't realize the planter contained peat moss. Burton's negligence was considered "more blatant in that he intentionally made no effort to extinguish his cigarettes."

As a result, Burton has been ordered to pay 75 percent of the fine, while Fontaine will pay the remaining 25 percent.

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