Chris Dabrowski says he’s afraid he’s on the hook for $26,000—money that the computer science student doesn’t have because he didn’t have tenant’s insurance during an accidental fire set by his roommate three years ago.
That’s about one-third of the amount Dabrowski’s former landlord, Jay Abbass, is seeking as subrogated costs he incurred to fix the property at 1535 Edward Street—that is, costs which weren’t covered by Abbass’s insurance company.
Last May, Canada Direct Trading Limited, owned by Jay Abbass, which lists Cooke Sales on Gottingen Street as its civic address with the Registry of Joint Stocks, sued all four tenants of the apartment for negligence, citing statutory condition four under the Residential Tenancies Act: “The tenant is responsible for the ordinary cleanliness of the interior of the premises and for the repair of damage caused by willful or negligent act of the tenant or of any person whom the tenant permits on the premises.”
Dabrowski says his roommate Martin Day, whose unattended candle caused the fire, declared bankruptcy after the blaze forced all four out of their south end apartment. Roommates Mike and David Lovas’ parents’ insurance policy covered their loss—and, according to Mike Lovas, it’s also protecting them in this suit.
“My point of contention is the law is very hard to deal with if you’re not well-off, and you’re not prepared to declare bankruptcy,” says Dabrowski, whose friends have launched a fundraiser so that he can mount his own legal defence: they’re selling T-shirts printed with the student’s likeness a la Che Guevara and, in a rodeo-style font, the phrase Free Chris Dabrowski. He figures that they’ve sold or given away about half of the two hundred T-shirts printed.
Dabrowski says the stress of the suit is one reason he’s returned to Halifax on a leave of absence from the University of British Columbia, where he’s now enrolled in a Masters degree program. He’s spent much of his time back in Halifax preparing a cross claim which he filed on December 23.
“You’re not really encouraged to defend yourself, and it’s hard to find free legal advice ,” he says. “But I can go down to the Courts into a little room where I can read cases—though I can’t take files out of the room, so I have to pay 65 cents per page, instead of three cents at Kinkos.”
Philip Chapman, lawyer for Canada Direct Trading, did not return phone messages.
Marlene Landry of the Insurance Bureau of Canada says that a subrogate claim “usually happens fairly soon” after a fire so that the file can be closed.
“Liability is the word,” says Landry. “Not all tenants are required to have tenant’s insurance, and if they don’t, then it becomes a suit against the person who caused the fire or all tenants.”
No tenant is required to have insurance, according to Service Nova Scotia. The Nova Scotia Residential Tenancies Act says tenants like Dabrowski and his roommates are responsible to insure their own belongings—meaning the landlord’s policy doesn’t protect them—and their landlord may request a copy of that policy, but the landlord cannot require that a tenant have insurance.
Standing in front of his old home, Dabrowski, wearing an old parka and toque, scratches his head and looks at the three-storey Victorian house with its new siding and windows in wonder: “This house never looked this good; it was in terrible, terrible condition when we first rented it—you know, typical student housing. had a superintendent we called when things broke, but he was always slow to fix the stove, the dishwasher.”
Dabrowski maintains he was a conscientious tenant who attempted to put out the January 2003 fire with a blanket and a fire extinguisher before calling 911—“The smoke alarms didn’t go off,” he says. After the fire, relations with Abbass were on rocky ground, Dabrowski says, but he and the Lovases reluctantly fulfilled their lease the following summer and moved back into the newly renovated house—with its new bedroom, kitchen, bathroom, and floors. In September, they never received their security deposit back or an explanation about why it was withheld, which is required under the Tenancies Act.
“Best case scenario, my case will change the law which holds tenants responsible for a roommate’s mistake,” speculates Dabrowski, who says he’s sticking around Halifax until the suit is resolved—even though it’s a case that’s likely to drag out, possibly for several more years.
“Or maybe it should become mandatory that tenants have insurance. I don’t know.”
This article appears in Feb 2-8, 2006.
Free Chris Dabrowski!!!!
Free Chris Dabrowski
free chris dabrowski
I’ll say it again…Free Chris Dabrowski!!!!
I’ll say it again…Free Chris Dabrowski!!!!
I just can’t fathom (as a taxpayer) footing Mr. Dabrowski’s part of this bill. His logic is that if he had insurance, it would cover the cost, so all would be well with him, but because he did not educate himself about insurance, he chooses to fight it? Get real! People like you keep our income taxes high. You are not entitled to having anything covered for you, so cough it up and pay your debts.
I just can’t fathom (as a taxpayer) footing Mr. Dabrowski’s part of this bill. His logic is that if he had insurance, it would cover the cost, so all would be well with him, but because he did not educate himself about insurance, he chooses to fight it? Get real! People like you keep our income taxes high. You are not entitled to having anything covered for you, so cough it up and pay your debts.
Free Chris Dabrowski
Whoever wrote the the entry above [“I just can’t fathom …. This is why we pay so much in taxes!] is really the problem with our society. Sir, how would you feel if you had such a accidental misfortune? You probably wouldn’t be saying such right-winged comments like that. Maybe you should just move to the states. Have some honest compassion for other people, seriously. It makes me sick that there are people out there like you who don’t give a dam about anyone but yourself.
Free Chris Dabrowski
Dear “This is why we pay so much in taxes!”…eat a bag of dicksFree Chris
Free Chris Dabroski!
Free Chris Dabroski!
Put it this way: sh*t happens sometime. It’s not Chris’s fault. It’s not the landlords fault either. But who pays then? From Chris’s statements it looks like the landlord was quite irresponsible, with fire alarms that did not work, didn’t respond to service requests, etc. If Chris or someone else would have died in the fire, THEN surely people would be blaming the landlord. But because no one got injured, it now becomes the fault of the tenants. That is just wrong. The landlord should have his own insurance which covers this stuff. What if a plane came crashing down into the house? Is Chris responsible for that too?
Free Chris Dabroski
Chris Dabrowski must be freed.
Chris Dabrowski must be freed.
what the heck… free Chris Dabrowski
“I just can’t fathom (as a taxpayer) footing Mr. Dabrowski’s part of this bill. His logic is that if he had insurance, it would cover the cost, so all would be well with him, but because he did not educate himself about insurance, he chooses to fight it? Get real! People like you keep our income taxes high. You are not entitled to having anything covered for you, so cough it up and pay your debts. “Who is this guy? Not only are you completely misinterpretting WHAT he is fighting, you then go on to say that people like him are keeping our income taxes high? People who abuse the welfare system keep our taxes high, stop being so cynical and cruel just because you can post anonymously online, that doesnt mean you shouldnt have a conscience. This story is a reminder that at some point the law, especially concerning insurance policies, and what is fair should equate to the same thing.Free Chris Dabrowski
“I just can’t fathom (as a taxpayer) footing Mr. Dabrowski’s part of this bill. His logic is that if he had insurance, it would cover the cost, so all would be well with him, but because he did not educate himself about insurance, he chooses to fight it? Get real! People like you keep our income taxes high. You are not entitled to having anything covered for you, so cough it up and pay your debts. “Who is this guy? Not only are you completely misinterpretting WHAT he is fighting, you then go on to say that people like him are keeping our income taxes high? People who abuse the welfare system keep our taxes high, stop being so cynical and cruel just because you can post anonymously online, that doesnt mean you shouldnt have a conscience. This story is a reminder that at some point the law, especially concerning insurance policies, and what is fair should equate to the same thing.Free Chris Dabrowski
Free Chris Dabrowski!!!!!!!!
Free Chris Dabrowski!!!!!!!!
You have to feel for this guy, but, anyone who cries, “Free Chris Dabrowski!” is speaking from the heart, rather than the mind. Imagine, if you will, visualizing the image of “a law for Chris Dabrowski!” T-shirt. “Good Luck Chris Dabrowski!!!” would be more appropriate.
Hey “This is why we pay so much in taxes!” I don’t think I ever said I want to government to pay for my share of the bill. Maybe the article was misleading. Email me at kryzd(at)hotmail(dot)com if you want to discuss and/or buy a shirt.
I think this fight is really about getting the laws changed so that innocent tenants don’t get hosed when one roommate screws up. I say free Chris Dabrowski and free us all from the man!!!
Chris was and is free to find information about government policies and free to get insurance or not. Now he is free to fight for what he thinks is injustice. Good luck Chris. Enjoy your freedom.
taxes? get with it, my friend. your random generic rant is hardly accurate here, whoever you are. feel free to write your local politician about your woes, nonetheless. even the ignorant should have their say.free chris dabrowski
taxes? get with it, my friend. your random generic rant is hardly accurate here, whoever you are. feel free to write your local politician about your woes, nonetheless. even the ignorant should have their say.free chris dabrowski
Free Chris Dabrowski.
Free Chris!!Tax guy, were you aware that you live in Canada? I gotta tell ya, if you know anytihng about Canada, then you should know the principals by which it was forged and is currently run. Sorry little guy, but get used to our democracy. However, feel free to move to the States, we would be happy to see you leave!
FCD!! This is ridiculous. The guy obviously had nothing to do with the fire. Guilty by association is so outdated it’s silly.
FCD!! This is ridiculous. The guy obviously had nothing to do with the fire. Guilty by association is so outdated it’s silly.
To the taxman, coming from a chartered accountant. The rubbish coming from your mouth, smells as bad as burnt hair. Chris D seems to be prognosticating a precedent, that will likely benefit all students. Taxes are NOT related to insurance in the manner that you suggest. A better arguement may have been increased insurance rates – in any case, insurance is meant to cover peoples misfortunes – not to be a loop hole so that one man can recover and gain (the radical maintenance to the house after the fire) while another is stuck with the tab. I advise you take your nose out of your ass, and read some finance before you start spouting such silly rhetoric.GC + JM
To the taxman, coming from a chartered accountant. The rubbish coming from your mouth, smells as bad as burnt hair. Chris D seems to be prognosticating a precedent, that will likely benefit all students. Taxes are NOT related to insurance in the manner that you suggest. A better arguement may have been increased insurance rates – in any case, insurance is meant to cover peoples misfortunes – not to be a loop hole so that one man can recover and gain (the radical maintenance to the house after the fire) while another is stuck with the tab. I advise you take your nose out of your ass, and read some finance before you start spouting such silly rhetoric.GC + JM
Inferring that the US is where all obnoxious canadian ultra right wingers(however rare) need to be is ignorant and offensive. Your confusion of economic conservatism and one country’s sense of fairness doesn’t mean we will let your idiots become nationalized citizens or want them too. Be a little more considerate next time.
http://www.freechrisdabrowski.org/
Chris Dabrowski is my homie. He should be freed
a gooony goo goo….gooony gooo goo…..gooony gooo…..bottom line…FREE CHRIS DEBROWSKI!!!
A True Travesty.Chris D is innocent. Lets look at the facts before we judge. The fire alarms weren’t even working!
Chris, when is the court date I would love to be there when you defend yourself. Judging by the number of replies and hits to random BBS’s I think you will need a huge court room for all the supporters.
Incase you missed the other post above, you can view all the details and facts on this case at the official website of the Free Chris Dabrowski Movement.http://www.freechrisdabrowski.org
Free Chris Dabrowski ya!!!
Chris didn’t start the fire, but did make the attempt to put it out, without benefit of proper fire equipment, which was supposed to be provided by the landlord!The landlord is a cheap bastard who wants Chris and his roommates to pay for his nice new house.Free Chris Dabrowski!!!
Free my brother!!!
Why make Chris pay for this slum mofo landlord’s much needed and long-awaited renovations?Free Chris Dabrowski
http://www.freechrisdabrowski.org
Chis is pretty cute… so free him! 🙂
The fact is someone has to bear this cost. Why should it be the landlord? Why should the landlord loose $30,000? The landlord should win and get as much of the cost back as possible from all the tenants and then Chris can sue the guy who was really at fault. But its not fair that the landlord loose either.
why didnt the tenants test the fire alarms? they live there! they cant check batteries? they cant see if a light is on? sounds like lazy and/or incompetant tenants! Free the Landlord!
Being in the insurance industry myself, and knowing some of the legalities involving subrogation, I STILL don’t belive Chris should be responsible for something he didn’t cause. If he had caused the fire, then of course he should have to pay, since he has no insurance. I have also discussed this with other insurance reps and they also agree that this is not fair to Chris! I have bought 2 t-shirts myself and think others should contribute by doing the same.
Although I can’t really interpret this as an income tax issue as noted about, I do agree that sh*t happens. Having insurance is a time-tested way for individuals to cover their asses on things just like this. I’d also like express confusion with the “right wingers can go to the US don’t you care about anyone but yourself” comments. Aside from having nothing to do with court proceedings, I doubt that any amount of compassion can will the codes in tenancy laws to be changed.
Free Chris Dabrowski!!(ps. go to the site, it’s worth the visit)
Free Chris Dabrowski!!(ps. go to the site, it’s worth the visit)
As one who has had some experience with unscrupulous landlords, the Tenancy Board, and insurance companies, I feel for Mr. Dabrowski. There are many fine arguments for having a need for insurance, but unfortunately, the insurance industry has seemingly devised a system that “holds us at gunpoint”. You cannot buy a house, car, take out a loan, and obviously in this case, rent an apartment without the “protection” of an insurance company. They will defend themselves by stating, they do not force insurance upon society, but it is in fact the law and banks that make us require this protection. My question is this, “how strong is this argument?” We are all aware of the strength of the insurance lobby. In Nova Scotia, the insurance companies have run unregulated with little controls to monitor cost. If they were any other less influential industry, the Competition Bureau of Canada would have stepped in long ago with allegations of gauging and industrial conspiracy of price fixing. They say the high cost of insurance is to offset claim settlements, yet they continually show tremendously outrageous profits. For anyone that may disagree, consider the reported profits for the year after Hurricane Juan. It seems that if you have to submit a claim to your insurance company, inwhich you have made a contractual agreement to pay, and receive service for said protection, your policy costs increase the next year!? Isn’t this what you are paying for when you purchase insurance? And, heaven forbid you change companies to protest high insurance costs. The industry has banded together to stop this from happening by charging higher rates for first time insurers. This amounts to legalized extortion. You need it, but we are going to make you pay, and pay dearly. It’s unfortunate that it has evolved to this, as more and more stories are circulating about people who cannot afford insurance, who drive and own homes without being properly insured. We can throw our hands up and say, “it is what it is”, but personally, I applaud Mr. Dabrowski taking a stand and bringing this situation to the attention of all people. I wish you luck, knowing full well that if you win, there is a great chance my insurance may go up to offset this “tremendous loss” of revenue that Mr. Abbass’ insurance company has endured. I wonder if anyone has asked Mr. Abbass if his policy costs have increased due to this claim?
Down with Martin Day!Good luck Chris…sounds like a bum rap to me. The logic that you should pay just isn’t there.
The place was gross,old and a hazhard zone…an accidental fire was a blessing in disguise for the landlord.Why should any of them pay? Free Chris & all the former boys of Edward St.
A principle at the heart of the Canadian legal system is that we do not want to punish the morally innocent. As such, the one and only line worth screaming from the treetops is;FREE CHRIS DABROWSKI
More Free Chris Dabrowski!I think The Coast should do a follow up on this story so we can keep up with the proceedings.
Sure, it may not be his fault. However, when you sign a lease with a group of people, you are effectively saying that you collectively take responsibility for the property. Legally, it doesn’t matter who caused the fire. If it was a guest, they would all be responsible. They are all equal partners in this.
Free Chris Debrowski..He is hot in the summer..get him a drink baby it’s hot outside..
I support you 100% I think it’s crazy I work at an Insurance Company right now and I cant get tennant’s insurance because I live with too many roomates so is it my fault if our apartment burns and none of us have insurance NO….we cant get it …the insurance business is a lot of BS!!!!
I support you 100% I think it’s crazy I work at an Insurance Company right now and I cant get tennant’s insurance because I live with too many roomates so is it my fault if our apartment burns and none of us have insurance NO….we cant get it …the insurance business is a lot of BS!!!!
Shouldn’t some very important questions be being asked?To paraphrase the RTA: “The tennant is responsible for any damages caused by negligence”.So the question should be: “Doesn’t the law distiguish between legal entities, and if not, why?” In this case between the roommates.Because it seems evident that, since Mr. Day has admitted to being the negligent party, the other 3 roomates were not negligent in their actions.That is why, speaking not from emotion, but from logic, that I say “Free Chris Dabrowski!”