Residents of a Toronto apartment building sought certification of a class action following a fire allegedly caused by negligent maintenance of electrical systems and smart meters.
The proposed class sued the building owner, property managers, superintendent, and the electricity distributor.
The electricity distributor opposed certification, arguing the claim failed to disclose a viable negligence cause of action and that the certification criteria were not met.
The court held that the pleadings disclosed a viable negligence claim against the distributor and that the statutory and regulatory framework governing electricity distribution did not negate the claim at the certification stage.
The court certified the action as a class proceeding with a modified class definition excluding residents operating marijuana grow‑ops in the building.
