About the Gosford Apartment Fire Class Action

This action arises from a fatal five-alarm residential fire at the apartment located at 235 Gosford Boulevard, which occurred on November 15, 2019. The Claim purports that the Owner Defendant and the Property Manager Defendant failed to keep the apartment safe from fire ignition, the spread of the fire and smoke, as well as thieves who burglarized the apartment following the fire.

As a result of the fire, one man died, and hundreds of families were displaced from their homes and suffered damages. In addition, visitors were also displaced and suffered damages.

Certification Endorsement

Opt Out Form

Statement of Claim

Updates (Related to the Class Action / Mass Tort)

June 2024:

The parties attended mediation with the first day in December and the second day in February. Despite our best efforts to settle this case on behalf of the Class, the Defendants simply weren’t willing to come up with enough money. As a result, we will be going back before the court as soon as they give us a date to set a timetable for the next steps in the litigation. We also intend to convene a townhall over the summer.

August 2023:

We write to provide you with a further update beyond the update provided in June. We have now scheduled a mediation in this matter to be held on December 20, 2023.

For your information, a mediation is an informal, confidential, non-adversarial negotiation process that is used to help resolve differences or disputes and is conducted by an impartial party, a mediator. The purpose of the mediation is to bring about a mutually acceptable settlement for both parties. Mediation may also facilitate about a mutually acceptable settlement for both parties. Mediation allows parties to communicate with each other to understand each other’s strengths and weaknesses of the case and understand each other’s concerns going forward.

June 2023:

We wanted to follow up with respect to our last update in March. As you are aware, a certification hearing was held on August 15, 2022. Following that appearance, The Honourable Justice Morgan certified this action as a class action and appointed Diamond & Diamond Lawyers LLP as class counsel. Please note that the opt out period has passed as per the notice that was posted on our website (https://diamondlaw.ca/class-actions/gosford-apartment-fire/). As such, the option to proceed on an individual basis is no longer available and the class action remains the only avenue to pursue this lawsuit.

In November 2022, we proceeded to the next stage and underwent the discovery phase, which is a pretrial procedure in a lawsuit where each party may obtain evidence from the other parties. We will be moving forward in obtaining all undertakings in this matter and scheduling mediation later this year.

March 2023:

We write to provide you with a further update beyond the update provided in December. Further to our last update, a certification hearing was held on August 15, 2022. Following that appearance, The Honourable Justice Morgan certified this action as a class action and appointed Diamond & Diamond Lawyers LLP as class counsel. 

In November 2022, we proceeded to the next stage and underwent the discovery phase, which is a pretrial procedure in a lawsuit where each party may obtain evidence from the other parties. We will be moving forward in obtaining all undertakings in this matter and scheduling mediation later this year.

December 2022:

Further to our last update, a certification hearing was held on August 15, 2022. Following that appearance, The Honourable Justice Morgan certified this action as a class action and appointed Diamond & Diamond Lawyers LLP as class counsel.

In November 2022, we proceeded to the next stage and underwent the discovery phase, which is a pretrial procedure in a lawsuit where each party may obtain evidence from the other parties. We will be moving forward in obtaining all undertakings in this matter and scheduling mediation in the new year.

August 2022:

Further to our last update, a certification hearing was held on August 15, 2022. Following that appearance, The Honourable Justice Morgan certified this action as a class action and appointed Diamond & Diamond Lawyers LLP as class counsel.

Please see below the Notice of Certification, which will advise all putative class members that they have the option to opt out of the class proceeding by sending a written opt out election form.

The opt out election form can also be found below, which is required to be filled out and provided to Diamond & Diamond Lawyers LLP by the prescribed date. Please note that should you wish to opt out of the class proceeding, you may do so before November 1, 2022, at 9:00am EST time.

No putative class member will be permitted to opt out on or after November 1, 2022 at 9:00am EST.

The next phase in this action is what we refer to as the discovery phase, which is a pretrial procedure in a lawsuit where each party may obtain evidence from the other parties.

April 2022:

We write to provide you with a further update to our December update. A certification motion is scheduled for May 2022. For your information, a certification motion is where the court allows us to proceed as a class action. We are aiming to arrange a Town Hall to answer any following the certification hearing.

December 2021:

We write to provide you with a further update to our August update. We have now delivered our certification record to opposing counsel. A certification motion is scheduled for May 2022. For your information, a certification motion is where the court allows us to proceed as a class action. We are aiming to arrange a Town Hall to answer any questions in the new year.

August 2021:

We write to provide you with a further update to our June 9th update. We have now delivered our certification record to opposing counsel. A certification motion will be scheduled for May 2022. For your information, a certification motion is where the court allows us to proceed as a class action. We are aiming to arrange a Town Hall to answer any questions in the Fall.

 July 2021:

We will be delivering our certification record in August 2021. We expect that record to be complete and delivered to opposing counsel later this summer. Once received, opposing counsel then has several months to deliver the Defendants’ defence. 

June 2021:

A certification motion will be scheduled for early 2022. For your information, a certification motion is where the court allows us to proceed as a class action.