This is a class proceeding settlement approval decision arising from a fire on November 12, 2019, in the parking garage of Westcourt Place, an apartment building in downtown Windsor.
The building contained approximately 150 residential apartments and 80,000 square feet of commercial space.
The occupants were displaced and sued the defendant owner and manager.
The parties reached a settlement of $7,300,000 after mediation and protracted negotiations.
The court approved the settlement despite objections from the City of Windsor and some residential tenants.
The court rejected the City's objection on the basis that it failed to opt out of the class proceeding by the deadline and did not establish excusable neglect.
The court also approved counsel fees of $2,190,000 plus disbursements and taxes under a 30% contingency fee agreement, and declined to award honoraria to the representative plaintiffs.
