Tentative settlement reached in Westcourt Place fire lawsuit

The lawyer representing tenants and former tenants of downtown Windsor, Ont., highrise Westcourt Place says they've reached a tentative settlement in a class-action lawsuit against the company that owns the building.

The proposed settlement, worth $7.3 million will go before a judge for approval on March 6.

"They will have notice of the action," lawyer Harvey Strosberg said of the plaintiffs. 

"If they object to settlement, they must give their objection in writing to the person who will collect these objections … by Feb. 19 at 4:30 p.m."

More than 200 residents and several commercial tenants were displaced by the fire on Nov. 12, 2019, which was triggered by an accidental electrical failure in the building's parking garage. 

More than five years later, those who maintained their leases are still not back in their homes, and Strosberg said the building owner told him it could still be between 10 months and a year before they can move back in.

The City of Windsor told CBC in an email that Westcourt hasn't complied with orders issued after the fire and faces three provincial offence charges, the next hearing for which is scheduled for Jan. 27. 

CBC has reached out to Westcourt's lawyers but has yet to hear back.

The settlement amount, if approved, will be divided between residential and commercial tenants and insurance companies with interests in the case, Strosberg added.

He could not say how much money any one litigant might receive. But he said, residential tenants who terminate or have terminated their leases will be entitled to at least $5,500. 

One former tenant of the building said he hopes the final amount ends up being more than that.

"If we only get $5,000, I think there's a lot of tenants [who] are going to be really disappointed about this because it did put mental stress on a lot of people, and a lot of people are still displaced," said Chad Robinson.

"So $5,000 is kind of like a slap in the face."

Robinson still remembers the alarm going off on Nov. 19 and a neighbour banging on his door to let him know that this fire was serious.

The stairwell was dark and smoky, and Robinson could smell fire as he carried his dog to safety, he said. 

In the days and weeks following the blaze, he went from living in a hotel room to living in a temporary home paid for by his insurance company to renting a house with friends.

He lost his dog in a tragic accident while in temporary accommodations following the fire.

He estimates the fire left him around $5,000 to $10,000 out of pocket after his insurance claim.

Now, whenever he hears a fire alarm, he finds it triggering, he said, and he has no plans to move back into the Westcourt building once it's open again.

"If another fire alarm went off, it [would] probably trigger a nightmare again," he said.

"And because I lost my dog ... it's like, emotionally, I probably could never live [there]."