WESTCOURT CLASS ACTION
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ON FEBRUARY 14, 2022, JUSTICE NICHOLSON CERTIFIED THIS ACTION AS A CLASS PROCEEDING PLEASE REVIEW THE NOTICE OF CERTIFICATION HERE |
- On November 12, 2019, a fire took place in the basement garage of the high-rise building known as Westcourt Place, located at 251 Goyeau Street and 99 Chatham Street East in Windsor.
- The fire caused damage to the building resulting in losses suffered by Westcourt Place’s commercial tenants, their partners, associates and employees, as well as Westcourt Place’s residential tenants, their families and guests.
- Strosberg Sasso Sutts LLP commenced a proposed class action on behalf of the Class. The Notice of Action was issued on November 14, 2019 and the Statement of Claim filed on November 28, 2019. On December 2, 2019, the claim was served on the defendant. The defendant appointed counsel on December 11, 2019.
Certification and Opt Out - On February 14, 2022, Justice Nicholson certified the action as a class proceeding. Please review the Notice of Certification here. A copy of the certification order is found here. A copy of the reasons for certification is found here.
- The Class and Class Members are defined as:
all persons, excluding the Defendant and its employees, officers or directors, who on November 12, 2019:
- rented an Apartment and/or Unit at Westcourt Place; or
- was ordinarily resident in an Apartment at Westcourt Place; or
- was present in an Apartment and/or a Unit at Westcourt Place; or
- owned property in an Apartment and/or in a Unit and/or on the roof at Westcourt Place; or
- was an employee, partner, associate, officer, director or an independent contractor whose business was located in the Units in Westcourt Place.
- The Family Class and Family Class Members are defined as:
the living partner, spouse, child, grandchild, parent, grandparent or sibling of a Class Member. - If you fall within the definition of a Class Member or Family Class Member, you are automatically included in the class action and do not need to do anything at this time.
- The deadline to opt out of this class action was July 29, 2022. No one elected to opt out of this class action.
- On Monday, May 1, 2023, Justice Nicholson held a case conference with all counsel.
- Justice Nicholson ordered destructive testing of the busway to be completed by July 31, 2023. When the experts deliver their report, Class Counsel will advise you of the results of the busway testing. We believe that the fire started in the busway.
- Justice Nicholson also ordered that the plaintiffs and defendant deliver their Affidavits of Documents by June 30, 2023.
- Class Counsel have delivered an offer to settle to Westcourt, subject to Court approval. Westcourt has responded to Class Counsel’s offer to settle. At present, there is no settlement.
- Repeatedly, we have asked Westcourt when the repairs will be completed and when the tenants can move back into the building. Westcourt has not responded to these questions. Class Counsel have no further information about the occupancy date of Westcourt.
- Please continue to monitor this website for updates as they become available.
- If you would like to know more about how a class action works, please click here.
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