This class action stems from a fire on August 21, 2018, at 650 Parliament Street, Toronto. Over 1,500 residents were displaced for at least 18 months.
Plaintiffs allege negligence, breach of contract, nuisance, and violations under the Residential Tenancies Act and Occupiers' Liability Act.
Recent Motion:
Plaintiffs seek to add further common issues (PCIs) for certification.
Defendants argue a 2020 order (FCO) was a final certification, barring additional claims, or alternatively, that plaintiffs need court permission ("leave") to proceed under the Class Proceedings Act (CPA).
Decision:
No Agreement on Finality: Justice Glustein found no agreement between parties that the FCO was a final certification. The order allowed plaintiffs to revisit certification issues, including adding new PCIs.
No Leave Required: As the FCO was not final, plaintiffs do not need leave to amend their certification.
Next Steps:
A certification motion will be heard in April 2025, with briefs due between December 2024 and March 2025.
