$35M class action suit filed in Windsor against owner of Westcourt Place
Crews were called to the fire at Westcourt Place at Goyeau Street and Chatham Street East on Tuesday, Nov. 12, 2019. (Michelle Maluske / TV Windsor)
WINDSOR -- A class action law suit has been filed against the owner of Westcourt Place in downtown Windsor after Nov. 12 fire displaced hundreds of residents and commercial tenants.
The suit was filed in Windsor’s Superior Court of Justice Monday by representatives from Windsor law firm Strosberg, Sasso Sutts LLP.
The suit alleges the defendant, 837690 Ontario Limited, failed to keep Westcourt Place in a proper state of repair and that the defendant owed a duty of care to all residents, as well as property owners, employees or contractors – even those who missed a court appearance at the Provincial Offences Court located inside the building at 251 Goyeau St.
The suit seeks general damages of $25 million as well as an additional $10 million in special, pecuniary, aggravated and punitive damages.
All tenants of the building remain displaced since the medical officer of health declared the building unsafe to occupy as a result of lack of power and damage to the buildings infrastructure.
About two dozen residents are currently living in motels while the remainder has found alternate accommodations.
The named plaintiffs in the suit, Angela Thompson, Timothy Gordon and John Ng-Lun, are residents in the building. Fadiya Shamasha is also named and is the proprietor of Fadiya’s Place located within Westcourt Place, and Kenneth Smith is a maintenance worker employed by a tenant in the building.
In the statement of claim, the firm argues damages sustained by the plaintiffs and class members occurred as a direct result of the negligence and breach of contract of the defendant, the building owner.
The suit alleges the class members have suffered damages in the form of loss of use and enjoyment of their apartments and/or units, emotional distress, personal injury, out-of-pocket expenses, economic loss and loss of employment and business income for which the defendant is liable.
A class action information session will be hosted by the law firm on Sat. Nov. 29 at 10:00 a.m. at All Saints Anglican Church in downtown Windsor.