Case Overview:
The plaintiff, filed a class action against Atira Property Management Inc., Atira Development Society, Atira Women’s Resource Society, the City of Vancouver (Fire and Rescue Services), Winters Residence Ltd., and British Columbia Housing Management Commission. The case arose from a fire on April 11, 2022, at the Winters Hotel in Vancouver, resulting in fatalities, injuries, and property losses.

Key Legal Issues:
The court assessed several issues for class certification, including whether the pleadings disclosed a cause of action, if there was an identifiable class, and whether the claims raised common issues. Ms. Hansma argued that negligence and occupiers’ liability applied due to the defendants' alleged failures to maintain fire safety systems and comply with fire regulations. The class also included claims for wrongful death, with the plaintiff requesting certification for representatives and dependents of victims.

Certification Outcome:
The court granted certification for the negligence and occupiers' liability claims, concluding that Ms. Hansma’s case met the requirements under the Class Proceedings Act. The breach of trust claim was adjourned for further amendment. The court permitted the inclusion of residents from Unit 222, where an earlier fire had occurred, in the certified class, despite defendants' arguments for their exclusion due to alleged contributory negligence.

Costs:
The court denied costs, finding no exceptional circumstances to justify a cost award, as British Columbia’s class action framework generally promotes access to justice without imposing certification costs.