This motion concerned the certification of a class action arising from a fire at a self-storage facility.
The plaintiff sought to certify a class proceeding on behalf of tenants who lost property, claiming damages in contract, tort, and unjust enrichment.
The court certified the action, finding that four of the five certification requirements under the Class Proceedings Act, 1992 were met.
Most proposed common issues related to negligence, limitation of liability, assignment of leases, and punitive damages were certified, while issues regarding prejudgment interest and unjust enrichment for retained advance rental payments were not.
No costs were awarded due to the parties' cooperation and the substantial revision of issues.
