A class-action suit launched against TCHC by tenants affected by a blaze at 200 Wellesley has been settled,
Wellesley St. highrise residents will be paid within ‘a few months’
After nearly three years, a classaction lawsuit launched against Toronto Community Housing Corp. by about 600 tenants affected by a massive six-alarm blaze at 200 Wellesley St. E. has been settled.
Lead plaintiff Jo-Anne Blair and defendants TCHC and its former building operator, Greenwin Property Management, came to an agreement Tuesday evening after marathon mediation sessions.
The parties aren’t commenting on details of the deal, which is to go before an Ontario Superior Court judge for final approval June 18.
“I am absolutely delighted by the settlement and I think that the class members will be delighted with the settlement as well,” said lawyer Brian Shell, who represents Blair and the other plaintiffs.
“The class members will hopefully within a period of . . . a few months actually have the money that they’ve been entitled to all along.”
The fire, which caused just over $1 million in damage, broke out Sept. 24, 2010, in a 24th floor unit, sparked by a cigarette butt flicked from the balcony above.
In its report, the Ontario Fire Marshal noted that Stephen Vassilev, resident in the unit where the fire began, and whom neighbours and investigators identified as a “hoarder,’’ had complained to TCHC about the neighbour in the unit above “throwing broken bottles and cigarette butts on to his (Vassilev’s) balcony.” The fire was a public relations disaster for TCHC, owner of the public housing highrise, which later terminated Greenwin’s contract to operate the building. More than 1,200 residents, many suffering physical and mental health ailments, were displaced for weeks or months. Tenants complained of losing cherished belongings and other items to the blaze. TCHC quickly came forward with a compensation offer: a base amount for property damage ranging from $4,700 to $6,900, plus $1,700 to $1,900 for each additional occupant. Those who accepted had to agree not to join the lawsuit or take further legal action.
Workers at a free legal clinic set up for residents staged a shutdown in protest after the offer.
Many tenants accepted the deal, but others held out for the class action. Shell had said a plaintiff could be looking at $25,000 to $30,000 in compensation.
Shell said about 85 per cent of the claimants still live in the building, though about five elderly plaintiffs died during the legal process.
Blair, the lead plaintiff, said she is relieved a deal has been reached, satisfied with the outcome, and believes the claimants are getting “a fair share,’’ though the money won’t replace items she lost, such as family photos and heirlooms from her deceased parents. A full-blown trial would have been traumatic for many of the claimants, she added.