UPDATE: JANUARY 26, 2026
PLEASE REVIEW THE FOLLOWING NOTICE OF SETTLEMENT AND INFORMATION BELOW.
THE CLAIMS PORTAL IS LIVE AT www.westcourtfiresettlement.com
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NOTICE OF SETTLEMENT OF THE WESTCOURT PLACE FIRE CLASS ACTION Read this notice carefully as it may affect your rights.
This notice is directed to all Class Members who are persons, excluding the Defendant and its employees, officers or directors, who on November 12, 2019: (i) rented an Apartment and/or Unit at Westcourt Place; or (ii) was ordinarily resident in an Apartment at Westcourt Place; or (iii) was present in an Apartment and/or a Unit at Westcourt Place; or (iv) owned property in an Apartment and/or in a Unit and/or on the roof at Westcourt Place; or (v) was an employee, partner, associate, officer, director or an independent contractor whose business was located in the Units in Westcourt Place; or (vi) an insurance company who paid a Class Member and has a subrogated interest; and to all Family Class Members who are the living partner, spouse, child, grandchild, parent, grandparent or sibling of a Class Member.
On November 12, 2019 a fire occurred at Westcourt Place. This certified class action was commenced seeking compensation for those affected by the fire (the 'Action').
The settlement of the Action was approved by Justice Nicholson by Order dated October 31, 2025 and this Order is final. This notice provides a summary of the terms of the settlement.
Persons eligible to participate in the settlement are Class Members and Family Class Members who did not opt out of the Action.
SUMMARY OF THE TERMS OF THE SETTLEMENT APPROVED BY THE COURT The Court ordered that the Defendant pay $7.3 million plus interest, in full and final settlement of all claims, to be distributed in accordance with the following priorities: - the lawyers for the Class for fees of $2,190,000, out of pocket expenses, interest and taxes and work that will be done for the Class in implementing this settlement; - all costs and expenses incurred in the administration of the settlement, including the costs of Verita Global as the Administrator, Retired Justice Richard Gates as Referee, and B. Clint Cadden as Protector of the Funds; and - a portion of the balance to each Class Member in accordance with the Court-approved claims process and Distribution Plan.
The Court ordered that the Settlement Agreement, the Plan of Allocation and a description of the claims process may be viewed at www.westcourtfiresettlement.com.
A CLAIM FOR COMPENSATION MUST BE MADE BY April 30, 2026 at 4:30PM ET Each Class Member must submit a completed Claim Form on or before April 30, 2026 at 4:30PM ET in order to participate in the settlement. The Claim Form can be accessed or downloaded at www.westcourtfiresettlement.com or obtained by calling the Administrator at 1-888-895-5219. If you do not submit a completed Claim Form by April 30, 2026 at 4:30PM ET, you will not receive any compensation.
QUESTIONS The Claim Form should be submitted to the Administrator by using the secure Online Claims System at www.westcourtfiresettlement.com. Please contact the Administrator at 1-888-895-5219 or [email protected] if you require assistance submitting a Claim Form.
Questions for the lawyers for the Class should be directed to: Debbie Tocco Strosberg Wingfield Sasso LLP 1561 Ouellette Avenue Windsor, ON N8X 1K5 Tel: 519.561.6296 Fax: 1.866.316.5308 (toll free)
This notice has been approved by the Court. Questions regarding this notice should NOT be directed to the Court |
Facts
1. On November 12, 2019, a fire took place in the basement garage of the high-rise building known as Westcourt Place, located at 251 Goyeau Street and 99 Chatham Street East in Windsor.
2. The fire caused damage to the building resulting in losses suffered by Westcourt Place's commercial tenants, their partners, associates and employees, as well as Westcourt Place's residential tenants, their families and guests.
3. Strosberg Wingfield Sasso LLP (formerly Strosberg Sasso Sutts LLP) commenced a proposed class action on behalf of the Class. The Notice of Action was issued on November 14, 2019 and the Statement of Claim filed on November 28, 2019. On December 2, 2019, the claim was served on the defendant. The defendant appointed counsel on December 11, 2019.
4. In February 2025, Class Counsel were advised by counsel for Westcourt Place that the “best estimate for occupancy is 10-12 months. However, this is dependent on the schedules of engineers/contractors etc.” The occupancy will be no sooner than November 9, 2025, which is 6 years from the date of the Fire.
5. On October 31, 2025 Justice Nicholson delivered his decision approving the settlement of this action. His reasons can be viewed here.
6. On January 12, 2026, Justice Nicholson settled the form of, and signed, the Settlement Approval Order. The Settlement Approval Order can be viewed here. The Notice of Settlement Approval can be viewed here.
7. Please contact the Administrator at 1-888-895-5219 or [email protected] if you have questions about the settlement or require assistance submitting a claim.
8. If you need assistance understanding or completing your individual claim, please contact the Adminstrator at 1-888-895-5219 or [email protected] or contact Debbie Tocco at 519.561.6296 or [email protected] to discuss your claim and schedule an appointment.
DID YOU CANCEL YOUR LEASE?
9. If you have cancelled your lease or did not file an election to return to your apartment as part of the settlement process, and if you have not arranged for the return of your security deposit/last month’s rent, you should call Westcourt’s office at 519-254-2200 and arrange for the return of your security deposit/last month’s rent. This refund will not affect your participation as a Class Member in any settlement with Westcourt or any judgment in this class action.
10. If you have cancelled your lease or did not file an election to return to your apartment as part of the settlement process, YOU MUST TAKE POSSESSION OF YOUR PERSONAL BELONGINGS FROM THE OFF-SITE STORAGE FACILITY BY APRIL 30, 2026 at 4:30 PM ET. Please contact CPC Windsor, 4500 North Talbot Road, Tecumseh, Ontario N0R 1L0, by telephone 519.737.0322 or e-mail [email protected] to arranged to pick up your personal belonging. If your belongings are not picked up by April 30, 2026 at 4:30PM ET, your belongings may be discarded without liability.
11. Please continue to monitor this website for updates as they become available.
12. If you would like to know more about how a class action works, please click here.
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IMPORTANT NOTICE
This website provides general information to potential class members on a certified class action.
The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.
This website is updated from time to time to provide potential class members with further information. |