Close X
Tuesday, September 24, 2024
ADVT 
National

Family Of Man Killed In Toronto's Muzik Nightclub Shooting Files $2.5m Lawsuit

Darpan News Desk The Canadian Press, 10 Feb, 2016 12:11 PM
    TORONTO — A popular Toronto nightclub that was the scene of a fatal double shooting failed to provide enough security to protect its patrons, the family of one of the victims alleged Wednesday.
     
    The parents, siblings and grandparents of Duvel Hibbert made their claims in a $2.5-million lawsuit filed against the Muzik nightclub and two unknown parties believed to be involved in the 23-year-old's death.
     
    Hibbert and 26-year-old Ariela Navarro-Fenoy died in the early hours of Aug. 4, 2015, after what police described as a "brazen" shooting that took place at a party being hosted by Canadian rapper Drake.
     
     
    Three other people were injured during the incident which began inside the nightclub, where thousands were partying, and spilled into the streets north of the venue.
     
    Michael Smitiuch, the lawyer representing the Hibbert family in the suit, said claims against the club centre on lack of preparation for what was expected to be a well-attended event.
     
     
    "Given the number of patrons and given the size of the nightclub, it is our position that the amount of security was inadequate," Smitiuch said in a telephone interview.
     
    Representatives for Muzik did not immediately respond to request for comment.
     
     
    The lawsuit's statement of claim lists a number of ways in which Muzik allegedly failed to protect patrons. The statement maintains Muzik didn't provide enough police and security staff inside or outside of the venue, allowed too many guests into the club that night, and failed to take steps to keep weapons out of the event.
     
    The statement also alleges Muzik didn't take action to step up security after previous violent incidents on the premises. Smitiuch said the club has now done so, adding that such actions further suggest that protocols were not up to scratch the night Hibbert and Navarro-Fenoy died.
     
     
    The Hibbert family is sseeking $1.5 million in general and special damages, plus a further $1 million in aggrivated, punitive and exemplary damages.
     
    The suit comes days before Muzik is scheduled to host a party to celebrate the National Basketball Association's all-star game, which is being played in Toronto on Feb. 14.
     
    Smitiuch said the suit had been in the works for some time and the timing was coincidental.
     
     
    Last year's shooting touched off a wave of concern across the city and prompted Drake offer condolences to the families of the victims. It remains unclear whether the rapper was in the club when the shooting began around 3 a.m.
     
    Smitiuch said police have yet to identify two people believed to be connected with the shooting.

    MORE National ARTICLES

    Hells Angels Lose Court Bid To Take Back Clubhouse On Vancouver Island

    Hells Angels Lose Court Bid To Take Back Clubhouse On Vancouver Island
    The province seized the clubhouse in November 2007 under the Civil Forfeiture Act.

    Hells Angels Lose Court Bid To Take Back Clubhouse On Vancouver Island

    Ontario Added 19,800 Jobs In January, Only Province To Show Gains

    Ontario Added 19,800 Jobs In January, Only Province To Show Gains
    Despite the gains, Ontario's unemployment rate last month held steady at 6.7 per cent, below the Canadian average of 7.2 per cent.

    Ontario Added 19,800 Jobs In January, Only Province To Show Gains

    B.C. Says Economic Growth Keeps Greenhouse Gas Emissions Hovering At Two Per Cent

    B.C. Says Economic Growth Keeps Greenhouse Gas Emissions Hovering At Two Per Cent
    However, the Environment Ministry reports that overall industrial carbon dioxide emissions were up 2.1 per cent between 2013 and 2014.

    B.C. Says Economic Growth Keeps Greenhouse Gas Emissions Hovering At Two Per Cent

    Defence, Crown Debate Reliability Of Testimony From Dead Witness In Murder Case

    Defence, Crown Debate Reliability Of Testimony From Dead Witness In Murder Case
    Sheryl Ann Flynn's videotaped account of a frightening conversation she had with Thomas Ted Barrett in 2006 was ruled admissible Thursday in the Nova Scotia Supreme Court trial of the 40-year-old Cape Breton man.

    Defence, Crown Debate Reliability Of Testimony From Dead Witness In Murder Case

    Amish Give Up On Pricey Ontario, Head For New Life On Prince Edward Island Farms

    Amish Give Up On Pricey Ontario, Head For New Life On Prince Edward Island Farms
    According to realtor Brad Oliver, it has simply gotten too expensive in Ontario for the Amish communities to expand, and young people to own their own farms.

    Amish Give Up On Pricey Ontario, Head For New Life On Prince Edward Island Farms

    Heavy Snow In B.C.'s Southern Mountain Passes May Hamper Family Day Plans

    Heavy Snow In B.C.'s Southern Mountain Passes May Hamper Family Day Plans
    Safety Minister Mike Morris urges everyone to drive safely as snowfall warnings are posted for the Coquihalla Highway from Hope to Merritt and on Highway 3 through the Kootenay Pass.

    Heavy Snow In B.C.'s Southern Mountain Passes May Hamper Family Day Plans