Basman Smith LLP partner Richard Worsfold and litigation associate Reshma Kishnani filed the action on behalf of Aires Whytton da Silva, who seeks to be certified as representative plaintiff for all tenants who lost possessions in the fire.
The statement of claim alleges the property owners Allsecure Storage Inc., former owners numbered company 2162095 Ontario Ltd., and property managers Save and Secure Self Storage Inc. and Goldview Property Management Ltd., were negligent in maintaining the four-storey building and its fire safety systems, and seeks up to $100,000 in damages per class member.
The claim also seeks $10 million in class-wide punitive and exemplary damages.
The facility, located at 97 Pelham Ave., contained 243 storage units of various sizes, available for long- and short-term rental, the claim reads.
Da Silva was a tenant of the storage facility and says he lost all his personal possessions in the blaze.
“The plaintiff states that the fire and the destruction which resulted were caused by the defendants’ negligence and breach of contract,” Worsfold writes in the claim.
Specific allegations of negligence include the defendants failure to properly monitor, manage and supervise the daily activities and operations of the storage facility to prevent the outbreak of a fire, their failure to ensure the facility was clear of illegal activity, and was safely secured, their failure to maintain a smoke-free premises, and their failure to heat the facility sufficiently, resulting in the use of space heaters which may have contributed to the outbreak and spread of the blaze.
The next step in moving this lawsuit forward is to certify it as a class action through a court proceeding.
To learn more about this lawsuit and how to join as a class member, contact Worsfold at firstname.lastname@example.org or Kishnani at email@example.com.