1 year later, Westcourt fire residents still in limbo as COVID-19 delays lawsuit, reconstruction

It's been nearly a year since a fire in a downtown Windsor building forced residents out — and they still haven't been allowed to move back in.

But many say they are now trying to move on and put the incident behind them. 

On Nov. 12, 2019, an electrical fire which originated in Westcourt Place's parking garage in downtown Windsor forced about 200 residents out of the building, along with 30 commercial tenants. Shortly after the fire, a $35 million dollar class action lawsuit was launched by a local law firm against the building's owners seeking compensation for the tenants. 

While there was some assistance given to residents immediately following the fire, some tenants had insurance and others did not. Many were left  to couch surf and find arrangements with family and friends in the community.

CBC News checked in with some of the displaced tenants and others involved to see how they have fared over the past 12 months.

Newly signed lease

Jesse Taylor-Vigneux just signed a lease for a place on Windsor's west side a couple of weeks ago and moved in just about a week ago.

Until then, he had been staying with a friend. 

"I'm one of those people who get comfortable because I'm always working," he said. 

"Instead of just staying around and overstaying my welcome, let's be honest, it's time to just get out on my own again."

Taylor-Vigneux said he still thinks about the fire every day.

"It's pretty much the most traumatic thing that I can remember in my life so far," he said. 

Taylor-Vigneux was supposed to be getting ready for work when the alarm woke him up. When he went downstairs and got out of the apartment building, he left his cat in the bedroom. 

"No food, no litter, because ... I locked her in my bedroom, which was a dumb idea. But if there was firefighters going in and out, I didn't want to lose my cat," he said, adding that she was in the building for two or three days. 

"I left my cat there and I regret it to this day." 

Eventually he said he was able to get back to his unit and get his cat, but the effect of the incident has been lasting.

"If there's a fire alarm of the same sound as the one in the building, it kind of gives me a small amount of anxiety, something I need to talk to my therapist about," he said.  "But we're getting there."

He said the cost of living in his new place is actually cheaper since he isn't on the hook for utilities, but it's less convenient for him to get to work. If given the chance to move back in to Westcourt, he said he's uncertain whether or not he'd do it. 

"I'm kind of not thinking about it, so I don't know yet."

But Taylor-Vigneux still wants answers, he said it's been hard to get information about what's happening with the building, even though him and other tenants are involved in a class action lawsuit against the owners of the building. 

"I'm hoping that we can hear more information soon," he said. "I'm hoping that a lot of people that have been displaced and are still trying to figure life out can get more help."

Premature home-owner

When CBC News spoke to Pavel Zhavoronkov in December 2019, he was being told that he had to get out of accommodations being provided by the building's owners.

Zhavoronkov is originally from Russia, he says moving to Canada was the best experience of his life but the experience he's had with Westcourt Place is the worst.

"I couldn't believe that it would be possible in Canada," he said. 

In January, he achieved a goal of his by buying a house — but the hot Windsor housing market forced him to buy in Amherstburg much earlier than he wanted to. 

"I was hoping that buying the first house in Canada, it would be a positive experience but not like running from homelessness," he said

"I had to move the plans ahead ... I just wanted to buy the house with [a] 20 per cent down payment but, well, never happened because of this accident."

Zhavoronkov said it was very difficult to find a place to rent after the fire forced him from Westcourt, so he's thankful there were people there for him.

I'm happy that I've moved on — that I put this terrible experience behind me.-  Pavel Zhavoronkov

"I was staying with my co-worker and friend Jim and there is no words that exist that could express how grateful I am for his help, and for the help of all the co-workers I work with," he said.

He said the constantly changing timelines tenants have been getting since the beginning to get back into their units isn't right. 

"They should at least be told the date when they should be back so they can plan ahead," he said. 

"They shouldn't be told that they should be back by three days, by a few weeks, by a month then it moves to a year and it's still going on, it shouldn't be like this and people should be protected from it."

Zhavoronkov said for him, the ordeal feels like it is over.

"I'm happy that I've moved on — that I put this terrible experience behind me."

Not 'much progress' made on Westcourt

"It's been an interesting year," Jaret Chalmers said. 

He spent the year couch surfing at friends' places and staying with family.

"Nobody wants to move back into their parents basement," he said. "But, ah well, it wasn't all bad, I just focused on work." 

He said it's crazy to think about the fact that a full year has passed since he was forced out of his apartment. 

"It's almost like nothing's happened in a year, it seems like it happened and then the building closed and it's just been like that whole situation has just been on pause for a year now. I haven't really seen much progress at all." 

Not having renter's insurance made dealing with the aftermath of the fire especially challenging. Chalmers finally found a place to rent with a friend in September. 

"After much recommendation, I have renter's insurance now," Chalmers said. 

He said it's been a hassle dealing with getting in and out of the building to recover things which are still in his unit. While he is still technically a tenant of the building he has no intention of ever moving back in.

"It's always just been a tough process dealing with that building and the management of that building," he said.

It's been an interesting chapter of his life, Chalmers said, though he knows there are more hurdles to clear.

"I'm assuming that I'll have to deal with more headaches in the future because of it," he said.

"[It] just is what it is. I guess I just deal with it as it comes." 

Class action proceedings slowed by COVID-19

The proceedings of the class action lawsuit have been slowed by the COVID-19 pandemic and lawyers are waiting for a judge to decide whether or not to certify the case. 

Sharon Strosberg of Strosberg Sasso Sutts LLP, who is representing the group, doesn't expect that to happen until early 2021.

Third parties, such as the entities that monitor the alarm and fire suppression system are also being brought into the lawsuit by the defendant, according to Strosberg, so they have to wait for them to come to the table as well. 

"The tenants remain displaced, they're not in their home, the commercial tenants are not in their office space, they continue to incur expenses, many didn't have insurance,"  Strosberg said. "So we're talking about people who are super vulnerable and who are just trying to make ends meet during a pandemic."

She said that the tight rental market in Windsor has also made the displacement difficult.

She said the firm is pressing for the case to go forward quickly but admits it could take some time.

"Our job as plaintiff's council is to push as fast as we can but we are challenged by the court system that it is also under a lot of pressure due to COVID, catching up on that front," she said. 

Normally the law firm would hold town hall meetings with the tenants but because of the pandemic, they have been updating people through email and by phone. 

Building reconstruction expected to take up to 2 years

CBC News requested to speak with Chris Stribopoulos, a lawyer representing the numbered company which owns Westcourt Place, but instead received an emailed statement. 

It said that the investigation into the effects of the fire and the work that needs to be done before reconstruction can begin were delayed due to COVID-19 and are ongoing. 

"Our experts anticipate concluding this phase of the project in the near future, and then being able to begin the lengthy and difficult process of restoring this building," the statement from Westcourt Place spokesperson Danny Roth reads. 

"While our investigation work is still ongoing, its clear that the building sustained significant damage in the fire, and, will require significant remediation," the statement continued.

"Although it is only after the completion of the current phase that we will have a better understanding of the work and anticipated timelines required, early indications suggest that given the extensive damage to the building, we can anticipate a reconstruction process that will take, at least, an additional 12- 24 months to complete."