Class action lawsuit nears $7.3 million settlement for Westcourt Place tenants

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)

A class action lawsuit filed by Windsor law firm Strosberg Wingfield Sasso LLP is nearing the finish line and a $7.3 million payout for its members, following a fire that has left the Wescourt Place highrise vacant for more than five years.

On Monday, Harvey Strosberg, a lawyer and partner of the firm, confirmed a settlement agreement was reached on Jan. 9 with the approval hearing set today for March 6.

“I thought it was real reasonable. Really reasonable,” said Strosberg, in an interview with CTV News.

Strosberg said the settlement covers about 140 impacted residential tenancies and 20 commercial tenancies.

An objection date is set for Feb. 19. Those opposed need to provide written notice by that date.

The hearing in March is to determine if the settlement is “fair and reasonable” said Strosberg.

“It’s better for a settlement for the class members,” he said. “But if the judge doesn’t approve the settlement, there is a motion for summary judgment waiting in the wings.”

The settlement ends a protracted back-and-forth that began just two days after the fire started in the building’s basement garage on Nov. 12, 2019.

The firm first provided notice on Nov. 14 before filing a Statement of Claim on Nov. 28 for a $35 million class action suit.

Westcourt Place apartment in Windsor, Ont. on Tuesday, Nov. 16, 2021. (Michelle Maluske/CTV Windsor)

In the ensuing five years, many tenants have given up hope of ever returning to their homes.

Those displaced by the fire have found new accommodations while others have left Windsor altogether.

“The way things were, it’s just memories,” said Strosberg.

According to Strosberg, Westcourt Place ownership is continuing its repairs and the building could potentially be available for occupancy again in 10 to 12 months — if not longer.

In November 2020, a Westcourt Place spokesperson told CTV News the reconstruction work was expected to take 12 to 24 months on top of the restoration of the building following the fire and smoke damage.

Those residents who have not surrendered their Westcourt Place lease have the right to return, said Strosberg; however, those who hold that right of return but make no claim will be granted $5,500 under the terms of the settlement.

The settlement does not assign blame for the fire.

The Ontario Fire Marshal concluded in its investigation that no foul play was suspected and the fire was sparked by an electrical failure in the parking garage, sending dark smoke billowing into the air.

The firm argues building ownership is to blame, pointing to its expert review of the scene.

“Roar Engineering believes that Westcourt was negligent in not testing the busway from time to time,” reads an excerpt from the firm’s summary page.

That claim has not been proven or tested in court.