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Two years after a fire in downtown Westcourt Place forced hundreds of people from their homes and just days before a court decision on whether a class action lawsuit can continue, the building remains uninhabited.
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The fire caused extensive damage to the lower floors and smoke damage atop the building located at Chatham Street East and Goyeau Street on November 12, 2019.
The inhabitants of the 164 units of the building, along with several businesses and the Provincial Criminal Court, were displaced.
Damages continue for all former tenants.
Later, the Ontario Fire Marshal’s office determined that it was an accidental fire, likely caused by a fault in the electrical system.
The fire originated in the basement parking garage of the 21-story skyscraper.
Harvey Strosberg of the Windsor Strosberg law firm Sasso Sutts LLP is leading a class action lawsuit initiated on behalf of displaced tenants.
The action is scheduled to go before a judge on November 22 and 23 to determine if the case will be certified.
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“We have been delayed because the courts did not function effectively for about six or nine months (due to the pandemic),” Strosberg said.
The procedure was further complicated when ownership of the building, a Montreal-based Ontario numbered corporation (837690), filed a lawsuit naming several companies and contractors: Tyco Integrated Fire and Security Canada Inc., Troy Life and Fire Safety Ltd., MK Electric Ltd. and API Alarm Inc. The companies inspected fire suppression systems or monitored fire alarms in the building.
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There is still no return for residents one year after the Westcourt building fire in downtown Windsor.
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Three months after the building fire, Westcourt Place residents remain in limbo
Strosberg said that if the class action lawsuit is certified, a decision will be made to go to trial or request a summary judgment. He estimated that it could take another year for a decision to be made if the matter goes to trial.
Strosberg said some tenants have chosen to end their leases and move on, while others hope to return to their units.
“We are waiting for Westcourt to complete the renovation, the repairs. (It’s) surprising that it took so long, ”he said. “Damage continues for all former tenants.”
Property management representatives did not respond to Star’s request for comment.
Reference-windsorstar.com