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On July 20, 2008, an explosion and fire took place in the apartment building located at 2 Secord Avenue in Toronto ("2 Secord"). The explosion originated in a hydro vault and resulted in a five-alarm fire. The plaintiffs allege that Toronto Hydro-Electric System Ltd. ("Toronto Hydro") is liable for causing the explosion.
The law firms of Falconer Charney LLP, Hotz Lawyers and Sutts, Strosberg LLP commenced a class action against Toronto Hydro on behalf of the following Class:
who, on July 20, 2008:
(a) rented an apartment and/or townhouse or other utilizable space at 2 Secord (a "Unit); or
(b) ordinarily resided in a Unit; or
(c) were present in a Unit but were not ordinarily resident in that Unit; or
(d) owned or had an interest in property located in or on a Unit; or
(e) owned one or more of the Units.
excluding Toronto Hydro and Gonte Contruction Limited, and their officers, directors, servants or agents and also excluding employees of the City of Toronto who in the course of their employment with the fire department attended at 2 Secord on July 20, 2008.
The force of the explosion and fire caused significant damage to 2 Secord, including damage to the Units and their contents and smoke and soot contamination.
This class action seeks compensation for, among other things, damage to Unit contents and the costs incurred for living expenses. This action also seeks damages for physical injury and emotional injury, damage to property, costs of cleaning and restoration of contents, relocation expenses such as mileage, food and alternative accommodation and loss of employment income.
On April 23, 2009, Justice Lax certified this action as a class proceeding. A copy of Justice Lax's handwritten endorsement may be viewed here. A transcribed version of Justice Lax's endorsement may be viewed here. The order of Justice Lax may be viewed here. The Notice of Certification may be viewed here. The time to opt out of the class action has expired.
Examinations for discovery were held in December, 2009 in Toronto. Class counsel have been working on completion of documentary production, review of transcripts and attendance at motions and appeals arising out of the examinations for discovery and refusals to answer certain questions put to the defendants. Once these processes are complete, class counsel will request a date for the trial of the common issues. As soon as a date for trial is scheduled, this website will be updated.
If you wish to provide your information to us on-line, register here. If you prefer, you may contact Andrew Eckart at Falconer Charney LLP at 1.416.964.3408, extension 246.
If you would like to know more about how a class action works, click here.