A $35-million class action filed on behalf of the residents of a downtown Windsor high-rise building that caught fire a few years ago will go ahead.
Strosberg Sasso Sutts LLP filed a Statement of Claim on behalf of the residents of Westcourt Place at the corner of Goyeau Street and Chatham Street East soon after the fire in November 2019.
A fire at a high rise in downtown Windsor has sent three people to hospital with smoke inhalation. Nov 12, 2019. (Photo by Paul Pedro)
The fire, which started in a lower-level parking garage, displaced over 200 residents out of their homes for months on end. Finding alternate accommodations proved difficult for many. The rental market was tight, and they had to couch-surf.
According to lawyer Harvey Strosberg, the defendant, listed as a numbered company in Ontario, had 15 days to seek leave to appeal to the Divisional Court. The deadline came and went on Tuesday afternoon. The court then permitted the class action to proceed.
The class action seeks $25-million in general damages and $10-million in special damages for negligence and breach of contract.
Strosberg's firm represents 30 business tenants who rented out commercial space in the building. They seek compensation for things like loss of income, out-of-pocket expenses, and the loss of use of their premises.
Residential tenants will seek compensation for out-of-pocket expenses, including food, travel and alternate accommodation, replacing or restoring property damaged in the fire, personal injury, and the loss of use of their units.
Strosberg told WindsorNewsToday.ca the court would set a date in two weeks for members of the class action to drop out, but he doesn't expect many will.
"In my experience, most class members will remain in the class because of the expense of starting an action," explained Strosberg.
Investigators eventually determined the fire started with an electrical fault and listed the cause as accidental.
