B.C. court certifies class-action lawsuit over deadly Downtown Eastside hotel fire

The B.C. Supreme Court has certified a class-action lawsuit over the fire that killed two people at the Winters Hotel in Vancouver’s Downtown Eastside more than two years ago.

A certification ruling by the court says lead plaintiff Jennifer Hansma lived on the top floor of the hotel when it caught fire on April 11, 2022, while the defendants include hotel operator Atira Women’s Resource Society, the City of Vancouver and others.

The court ruled Thursday that the case meets the test for certification, which doesn’t involve assessing its merits, but whether the case can go ahead as a class proceeding.

The ruling says the case deals with a number of issues including claims of property damage, personal injuries, negligence and wrongful death.

Justice Francesca Marzari’s ruling says the case can go ahead as a class action rather than individual cases by the hotel’s residents and visitors because “proposed class members largely represent a segment of society with minimal social or economic power” who face barriers to accessing justice.

The blaze killed residents Mary Garlow and Dennis Guay, and damaged the hotel beyond repair.

The defendants in the case are Atira Property Management Inc., Atira Development Society, Atira Women’s Resource Society, the City of Vancouver (Fire and Rescue Services), Winters Residence Ltd., and the British Columbia Housing Management Commission.

This report by The Canadian Press was first published Nov. 7, 2022.

Darryl Greer, The Canadian Press