Background:
A fire occurred on May 3, 2022, at Tamarind, a residential apartment building in Abbotsford, British Columbia. Danielle Rayner, a tenant, filed a lawsuit against multiple defendants, including Harjinder Singh Dhaliwal, Quantum Properties Tamarind Westside Inc., Quay Pacific Property Management Ltd., Elite Fire Protection Ltd., the City of Abbotsford, and Abbotsford Fire Rescue Service. Rayner alleged that negligence by the defendants contributed to the fire and resulting losses.

Legal Issues:
Rayner sought to convert her conventional lawsuit into a class proceeding under the Class Proceedings Act, arguing that it would improve access to justice, judicial economy, and behavior modification. The defendants opposed, claiming the move was a strategic attempt to bypass expired limitation periods and that individual lawsuits were more appropriate.

Court’s Analysis:
The court considered factors from Great Canadian Gaming Corporation v. British Columbia Lottery Corporation, including procedural history, delay, limitation periods, potential prejudice, and the benefits of a class action. It found that a class proceeding would enhance judicial economy by consolidating 17 separate lawsuits and would increase access to justice for affected tenants and owners.

Decision and Costs:
Justice Gibb-Carsley granted the conversion to a class proceeding. The plaintiff, Danielle Rayner, was awarded costs at Scale B, payable at the conclusion of the proceeding. The exact monetary award for damages was not determined in this decision.