Tenants win, city dismissed: Judge approves $7.3-million Westcourt Place settlement

A Windsor law firm has told displaced Westcourt residents that their class action settlement has been approved. CTV Windsor’s Michelle Maluske reports.

A judge has approved a $7.3-million Westcourt Place settlement, marking a win for tenants.

Justice Spencer Nicholson approved the class action lawsuit settlement from the Nov. 2019 fire.

An electrical fire in the underground parking garage caused extensive smoke damage to the entire building.

Tenants have yet to return to the downtown highrise.

The owners of Westcourt Place (and various electrical and fire protection companies) have agreed to pay out $7.3 million in total.

“The proposed settlement promotes access to justice to those that would be unlikely to otherwise advance their claims,” Justice Nicholson wrote in his Oct. 31 decision.

“The class members are happy, and I’m happy,” lawyer Harvey Strosberg told CTV News. “The city of Windsor is not happy.”

Strosberg says all their clients will now apply for at least $5,500 to be approved by an administrator.

If they had additional damages, Strosberg notes the tenants can ask for more to be decided by the administrator.

If they can’t agree, a retired judge will act as ‘referee’ and decide how much should be paid out.

“The lion’s share of the money will go to the tenants,” Strosberg says. “I think by June of next year, every tenant will be paid off.”

Included in Justice Nicholson’s decision is a rejection of the City of Windsor’s request for a dismissal.

They argued their damages are more than four million dollars, for relocating the provincial offences court.

The settlement caps the Commercial Tenant Fund at $500,000 for all claimants.

“They’re stuck with the settlement,” Strosberg says. “The city knew that they could have opted out of the class action, but they didn’t opt out of the class action.”

Justice Nicholson is critical of the city for missing the deadline to opt-out of the class action lawsuit to pursue damages through a different court.

“It is my opinion that rejecting this settlement at the behest of the city, when it could have opted out, subjects the individual tenants to further litigation risk and does not promote the access to justice…” the judge wrote.

“The City of Windsor does not provide comments on ongoing legal matters and maintains respect for the judicial process,” city spokesperson Mike Janisse wrote in a statement to CTV News.

Strosberg believes the city could appeal the judges approval, but only of the portion about the deadline to opt-out.

If the city does that – they have 30 days – it could delay when tenants get their compensation cheques.

Janisse did not respond to a request for clarity, specifically about a potential appeal.

Its not known when the high rise might reopen for tenants, although Strosberg says 17 claimants have told the court they want to move back in.