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ARTICLE · 23 AUGUST 2011

Class Action Certified In Case Brought By Former Tenants Of A Toronto Apartment Complex Destroyed By Fire

Stikeman Elliott LLP
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In a decision released July 18, 2011, Justice Perell of the Ontario Superior Court of Justice certified a class action asserted by tenants of a Toronto apartment building against Toronto Community Housing Corporation ("TCHC") and Greenwin Property Management Incorporated ("Greenwin").

CanadaLitigation, Mediation & Arbitration
Stikeman Elliott LLP
Stikeman Elliott LLP
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In a decision released July 18, 2011, Justice Perell of the Ontario Superior Court of Justice certified a class action asserted by tenants of a Toronto apartment building against Toronto Community Housing Corporation ("TCHC") and Greenwin Property Management Incorporated ("Greenwin"). The suit alleged breach of contract and negligence on the grounds that the defendants permitted a tenant at 200 Wellesley Street East in Toronto, a building owned by TCHC and managed by Greenwin, to create a fire hazard by hoarding large quantities of paper in his apartment.

Background

The plaintiff of the proposed class action, Jo-Anne Blair ("Blair"), was a former tenant of 200 Wellesley. She alleged that she warned the defendants about the fire hazard in 2009, but that her warnings were ignored. In September 2010, a six alarm fire fuelled by the paper broke out, resulting in extensive property damage to the building and contents of the units from the combination of smoke, fire and

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