In 2019, Shane and Kandace Yakemchuk launched an $11 million lawsuit against Excel Homes, a Calgary-based homebuilder. The lawsuit accuses the homebuilder of contributing to the death of their 24-year-old daughter, Deja Fischer.
Deja, unfortunately, passed away after experiencing an asthma attack in their Cochrane home in December 2018.
The Yakemchuks believe iExcel Homes’ improper construction of their home led to water leaks and mould, contributing to the death of their daughter.
“She was just rapidly changing colour. I could tell something was so wrong…Deja must have felt something different because she said, ‘Mom, I know I’m going to die,'” Kandace told CTV News.
Deja had asthma before the family moved to Cochrane’s Heartland neighbourhood in April 2017, but she never had asthma attacks.
However, between April and December of 2018, she had five asthma attacks that were serious enough to call paramedics.
The family first discovered water in their basement in February 2018. They complained to Excel Homes, which resulted in the homebuilder ordering tests and performing remediation.
But Deja’s asthma attacks continued through December when she was rushed to the Foothills Medical Centre and put in a medically induced coma.
Their daughter 24-year-old died after being taken off life support nearly a month later.
In addition to the Yakemchuks, the class action claim against Excel Homes are open to any current or former homeowners or tenants of homes built by Excel Homes who experienced basement mould or moisture issues.
Their statement of claim alleges the following claims, which have not been proven in court:
- Excel Homes possessed knowledge that there was a high-water table in the area, but did not install sump pumpExcel
- They used negligent building design and improper sealing of the exterior foundation walls
- They intentionally or unintentionally failed to provide mould reports to the Yakemchuks and members of the class action claim
According to the Yakemchuks’ lawyer, at least 11 additional class members have come forward with claims against Excel Homes since the lawsuit was launched in 2019.
“My biggest fear is that I hear families saying they have sick kids…”And I know the possible outcome,” expressed Kandace.
Excel Homes has yet to file a statement of defence, but the homebuilder commented on the claim’s nature.
“At this time, we are reviewing the claim and preparing our statement of defence. Our initial reaction is that this claim appears to be without merit, and the company will take every step to protect our position and reputation,” Excel Homes commented.
Yet, court documents indicate that the spore count in the Yakemchuks’ home was 400 times above acceptable levels. The normal spore count for a room is usually between 200 and 500 spores.
According to the Cochrane Eagle, an air quality report showed that Yakemchuk’s house had 408,000 spores per metre in the basement and 20,500 spores per metre on the main level. The acceptable count of mould spores is 20 to 400 times lower, 1,000 spores per metre.
The Yakemchuks hope to close this painful chapter of their lives sooner than later. According to their lawyer, resolution discussions are ongoing, and he hopes a settlement will be reached by the end of the year.
“It always feels like Deja’s death was yesterday. There are still triggers that are fresh. We had to leave Cochrane just because of the trauma, the triggers,” said Kandace.
