2 years after Westcourt Place fire in Windsor, Ont., building tenants likely out for good

It has been two years since a fire at the Westcourt Place building in downtown Windsor, Ont.,displaced hundreds of tenants, several businesses and the Provincial Offences court.

In that time, there has been a call for a class action lawsuit. As well,tenants have been asking to get into their apartments.

However,a spokesperson for Westcourt Place told CBCNews late Friday that leases in place before the fire are considered to have ended, so tenants don't "have the right" to return to their units.

Some tenants had been holding out hope they'd go back to living in the building.

"I've been still waiting at the place that I got after the fire to hopefully move back," said James White, who represents a Facebook group of residents.

The Office of the Ontario Fire Marshal confirmed a few days after the Nov. 12, 2019, fire that it was accidental and the result of electrical failure, and it originated in an underground parking garage in the highrise.

White is angry with the way the owners of the building have handled the tenants since the fire. He said he can't find rent anywhere as low as he was paying at Westcourt Place.

"I'm paying double now," said White, who is renting a condo in downtown Windsor.

Alexis Hand and her partner found an apartment last year in the east end thatcosts more but is bigger. They have terminated their lease with Westcourt Place, but Hand is also angry with the way the owners of the building have dragged their feet.

"I understand that COVID is an issue, but it was five months from when the fire happened to when things shut down because of COVID. And in those five months, nothing, nothing happened," said Hand.

WATCH |Former tenant talk about frustrations since the Westcourt Place fire:

Former tenants frustrated

3 years ago

Duration 1:05

Former tenant Alexis Hand talking about the frustration dealing with the owners of Westcourt Place.

In a statement sent to CBC News on Friday evening,Westcourt Place spokesperson Danny Roth said given the severity of the damage sustained by the building and the complexity and challenges associated with its repair, it is impossible at this point to accurately anticipate a date for its reopening.

"While we are working diligently to make necessary repairs in order to safely reopen in the future, it is the landlord's position that all leases in place prior to the fire have been frustrated and are at an end, and that tenants do not have the right to ultimately return to their units," Roth wrote in an email.

"As a result of this position, many tenants have already removed their contents and found new accommodation elsewhere."

For those who have left contents in their former apartments, Roth said,the landlord has offered to remove, clean if necessary and deliver those items to another location within Windsor-Essex County, without any cost to the tenant.

"We anticipate all units will be cleared of remaining contents in the near future, as this is necessary to complete the building repair work," Roth said.

Judge will hear arguments for potential lawsuit

Harvey Strosberg, who represents the tenants in a class action lawsuit, saidthe building's owners have done nothing to repair the damage to the building.

"People aresitting on chairs and sleeping on sofas," said Strosberg.

A judge will hear arguments on Nov.22 and 23 on whether to certify the class action. It will take about a month for the judge to decide if the class action can proceed. Strosberg estimates if there isn't a settlement, it could take another two years before the tenants couldsee any compensation.

Paralegal Walter Martin toldCBCNews that the city is renovating a part of the 400 Building to permanently house Provincial Offences court, which hasbeen run operating temporarily out of council chambers at city hall.

Deputy city solicitorDana Paladino saidoperating out of council chambers at city hall wasn't suitable long term.

"We could only do that for so long, and we needed to take some action and movements towards something more permanent," Paladino told CBC Windsor.

"From what I understand, Westcourt is not available at this point.I believe it's still closed to the public, so we just needed to make a decision on how to move forward in a suitable space.

"At this point with the investment that's being made, and we will have a brand new court facility, there would be no reason to [go back to Westcourt]," Paladino added.