This decision concerns a motion for certification of a class action following a fire in an apartment building.
The court addressed preliminary issues of jurisdiction (Superior Court vs. Landlord and Tenant Board), admissibility of an expert report, and the involvement of third parties.
The court found that the Superior Court had jurisdiction because the total amount claimed exceeded the LTB's monetary limit, even if individual claims might be smaller.
The expert report was deemed admissible for certification purposes.
The class action was certified, with modifications to the proposed class definition and common issues.
Specifically, the court removed references to "contractors" and "subcontractors" from common issues related to the Third Parties, as no direct cause of action was pleaded against them by the plaintiffs.
The court emphasized access to justice and behaviour modification as key factors favoring certification.