Drunken Disaster - The Blame Game

Daniella Leis a 24 year old woman, appeared in a London, Ontario, Canadian court on the 11th of February, 2020 to hear her sentence, after having pleaded guilty in October 2020 on four counts of impaired driving causing bodily harm.

Daniella Leis Leaving A Court Hearing.

These offences had occurred on Aug. 14, 2019 and had resulted in a virtual apocalypse on Woodman Ave, in London’s Old East Village.

That evening, Ms Leis had attended a Marilyn Manson concert that at the Budweiser Gardens, where she had taken advantage of the venues sponsors and partaken of more than a few alcoholic drinks. She had then decided to drive to her home in Kitchener, Ontario, in her fathers grey Ford Fusion.

However, as she was drunk, she took a wrong turn and she drove at an excessive speed the wrong way down Queens Avenue for almost three kilometres, while other vehicles tried in vain to get her attention, before eventually crashing her car into a home at 450 Woodman Ave. When she crashed, her car struck a gas line to the house, triggering a blast 15 minutes later, so large that it completely levelled 450 Woodman Ave. It also resulted in several neighbouring homes being so badly damaged that they had to be later demolished.

The burning falling debris also led to fires breaking out in several more homes up to 200 meters away, with 30 homes in the neighbourhood damaged to some degree or other, and the entire neighbourhood of 70 homes having to be evacuated, and with both the gas and water to the area being shut off. Fortunately Ms Leis had been pulled from the wrecked car by first responders, and they had cleared the neighbours from the area, after having detected the gas leak, but not being able to cut the gas supply before the blast. 

Woodman Ave Apocalypse

So although no one was killed, the blast had completely destroyed four houses and left seven people injured. Two police officers and two firefighters suffered numerous life-altering injuries as a result, with one firefighter forced to spend more than a week in hospital before being discharged, while another suffered brain trauma after he was struck by a brick thrown from the blast site. The total damage to the area was estimated to be approaching $15 million.

In court for sentencing Ms Leis was said to have an alcohol problem that she was now addressing, and that despite a difficult family background as a person with an indigenous heritage (which seems unconnected, unless they are hinting that it may also have exacerbated her alcohol issues), had been working at the time of the offences, despite her background difficulties.

Judge Orsini noted the mitigation points, and that this was a young, first offender, stating that “I accept that these factors contributed to Ms. Leis’ reliance on alcohol as a coping mechanism. To this extent, while they do not justify or excuse her behaviour, they do at least go some way in explaining her appearance before this court.”

However he also had to take account of the fact that Ms Leis had caused bodily harm to more than one person, and had a blood-alcohol concentration of more than 120 milligrams of alcohol in 100 millilitres of blood at the time of the offence (two and a half times above the legal drive limit), and the significant impact the incident had on victims. He sentenced her to a three-year prison sentence, followed by a three-year driving suspension, but the judge also ruled to waive a victim fine surcharge for Ms Leis, noting the decision was made in light of her financial circumstances.

But this wasn't the end of the matter .... she and her father Shawn Leis (it was his car), are facing six lawsuits over the blast, as a shattered community and insurance companies tried to recover the costs of rebuilding lives. One collective lawsuit where she and her father are defendants is from just five of the home owners, seeking a collective $2.5 million (but this claim also names as defendants: Budweiser Gardens; the City of London; Spectra, which provides venue management for Budweiser Gardens; Ovations Ontario Food Services Inc.; an unidentified security company; and two unidentified Budweiser Gardens employees). Claims are also being levelled by the owner of 450 Woodman Ave and the other houses that were destroyed, or had to later be demolished.

So in January 2023 it was reported that Ms Leis and her father were also suing the company that provides food and beverage service at Budweiser Gardens. The now 26 year old, alleges the Ovations Ontario Food Services company shares some of the liability for civil lawsuits filed by victims of the blast against Ms Leis and her father Shawn Leis over the explosion. The claim is that Ovations had a responsibility to do more to ensure her safety that night.

Their claim points are that:

• That Ovations or their employees served alcohol to Leis "when they knew or ought to have known that she was intoxicated or would become intoxicated."
• That the company failed to provide properly trained door bouncers at the exits and monitor the state of intoxication for those leaving the venue.
• That the company failed to check on her "intended mode of transportation as she exited Budweiser Gardens when they knew or ought to have known that she was or appealed to be intoxicated and/or impaired." 
• The Ovation staff ejected Leis from the venue, while failing to take steps to ensure she would not drive home.

The claim states that if Ms Leis and her father Shawn are required to pay any amount in compensation/reparation to homeowners, then they should be "entitled to contribution and indemnity from the defendant (Ovation)."

Hmm .... after all its a personal decision to drive while intoxicated, a fact noted by Judge Orsini "This was not a situation where an individual could mistakenly believe they were in any condition to drive. She made the decision to drive when she had to know she was in no condition to do so." .... its only a venue's responsibility to not serve alcohol to someone who is obviously drunk (not easy if customers are simply acting 'hyper' at a concert), its not for them to second guess the customers later driving plans, or other activities and intentions ... nor could they legally detain her even if they thought she was going to drive.

.... but I guess that with both her and her parents (who are already living in restricted financial circumstances), facing complete ruin, and the fact that at least one set of claimants against them, had also including Ovations Ontario Food in their claim for reparation, I guess they feel that they have little to lose in suing them as well ... its hard not to feel that everyone is a victim in this sorry tale.