The fire occurred in November 2019 in a building known as Westcourt Place, which housed several businesses along with residential suites. The plaintiffs sought to recover various alleged damages, including destroyed chattels such as furniture, clothes, electronics and vehicles, as well as displacement, loss of income, business interruption and relocation and other damages and costs.
Class members included persons who either rented an apartment in the building, were ordinarily residents, were present in an apartment when the fire occurred, owned or had interest in a property in the building, or were commercial tenants or employees of a commercial tenant in the building. There was also a family class defined as a living partner, spouse, child, grandchild, parent, grandparent or sibling of a class member who suffered personal injuries.
The defendant, the numbered company that owns the building, is continuing repairs on the property. The city prohibited any occupancy in the building until all unit repairs were completed.
The defendant was of the position that due to the fire, all residential and commercial lease agreements with tenants were frustrated in law and therefore terminated. The plaintiffs argued that the leases were not frustrated.
As such, per the settlement agreement, class members have terminated their commercial and residential lease agreements. A declaration has been issued that each commercial lease has been terminated, with no right to re-occupy the space. Those with terminated residential agreements will receive a refund of their rent deposit. A list will be finalized of class members who have elected not to terminate their agreements because they wish to reoccupy their apartments in the building.
Commercial tenants who received insurance proceeds for their losses because of the fire cannot claim amounts or damages that were paid by an insurance company and are to disclose this amount.
The agreement provides that the defendant will have the right, but not the obligation, to terminate the settlement agreement if class members representing 31 or more apartments elect to reoccupy their apartments.
“The Settlement Amount shall be paid in full and final settlement of all claims that were made, or that could have been made by the Class Members, the Family Class Members, Subrogated Claimants and insurers in this action, including, but not necessarily limited to, the claims arising, directly or indirectly, from the Fire,” the settlement agreement read.
Each apartment is to receive $5,500 per the agreement. The settlement amount is inclusive of administration expenses, class counsel fees, interest, taxes and other costs related to the action or settlement.
Objections to the settlement must be made by Feb. 19. The settlement approval hearing is to take place on March 6.
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