$35M Westcourt Place class action lawsuit moves forward after appeal deadline passes
Deadline passes for building owners to seek appeal of class action certification
A class action lawsuit against the owners of the Westcourt Place apartment building in downtown Windsor is going ahead, according to a lawyer involved in the case.
The owners of the building decided to not appeal the certification of the lawsuit, which was filed after a 2019 fire.
On Feb. 15, a London, Ont., judge certified the class action against the Westcourt Place owners. The defendants had 15 days from this certification to appeal.
The $35-million suit seeks damages for 135 tenants, including the City of Windsor, who were displaced by a fire on Nov. 12, 2019. In total, 200 tenants were displaced.
Lawyer Harvey Strosberg, senior partner at Strosberg Sasso Sutts LLP Law Firm in Windsor, represents the plaintiffs.
He told CBC News that a judge will now set a time period for anyone who wants to opt out of the class action lawsuit to do so in writing.
Strosberg says the blaze started in an electrical panel called a busway in a sub-basement.
The owners of the building said that with the decision to certify the class action, "we are pleased that we are now one step closer to bringing the litigation to an end."
"A resolution to the litigation, the continuing restoration and repair work at the property, the termination of all tenant leases, and the ongoing removal of any remaining suite contents, will all contribute meaningfully to bringing this matter to an end," a spokesperson for Westcourt Place said in a statement.