The plaintiffs brought a motion to certify a class action following the collapse of the Algo Centre Mall roof in Elliot Lake, which killed two people and injured dozens.
The proposed class included occupants, tenants, and employees of the mall.
The defendants included the mall owners, builders, engineers, and the Province of Ontario.
The Province opposed certification, arguing it owed no private law duty of care for negligent inspection.
The court found that the pleadings disclosed a valid cause of action for negligent inspection against the Province and that all five prerequisites for certification under s. 5(1) of the Class Proceedings Act, 1992 were met.
The action was certified as a class proceeding.
