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The Nova Scotia Supreme Court has certified a class action lawsuit accusing the City, Halifax water and fire departments, as well as the apartment complex owner, in a 2018 fire that claimed the life of a tenant.
Several tenants lodged the class action lawsuit six months after the deadly fire at an apartment building in Dartmouth on May 19, 2018; however, they ran into legal complications. Certification of the class action lawsuit means that their claims against the City of Halifax and its water and fire departments will proceed in the court.
The court was reportedly able to overcome issues identifying potential Class Members.
“Different people suffered different damages,” a lawyer representing the tenants told CBC reporters Thursday.
“Some people lost all their property, some people had their property saved to some extent and stored by the property management company, but then when they went to retrieve it, it couldn’t be located. Different floors suffered alleged different problems with the alarm bell not working, or not being able to be heard.”
Indeed, the class action lawsuit claimed that the problem was a callous smoker who they reported to apartment managers on several occasions. The fire is believed to have started in that tenant’s apartment, reports CBC News, but other issues, including non-functioning fire alarms and lack of access to working fire hydrants made the blaze more dangerous and caused severe property damage.
The class action lawsuit claims that the Halifax fire department was unable to use the first two hydrants firefighters tried when attempting to douse the flames. The delay allowed the fire to grow, causing additional property destruction, claim the plaintiffs.
“Both the fire department and the water commission are named for failures surrounding alleged not working of fire hydrants and also, in terms of the fire department, that its inspections, recommendations are alleged not to have been followed up on and implemented,” a lawyer representing the plaintiffs told CBC News.
The lawyer told reporters that there were approximately 150 tenants living in the building at the time.
Are you a tenant? Are you concerned about the condition of the building you live in or the actions of other tenants? Tell us about it in the comment section below!
The plaintiffs are represented by David Coles.
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