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.

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The blaze killed residents Mary Garlow and Dennis Guay and damaged the hotel beyond repair. As well, 71 people who lived in the building were displaced as a result of the blaze.

The heritage building, which was over 100 years old, was operating as an 89-room SRO hotel for long-term tenants.

In January this year, a coroner’s inquest heard that sprinklers in the building didn’t work because they hadn’t been reset after a smaller fire three days earlier.

In a statement, Atira said, “…We are committed to cooperating fully with the court proceedings. Since the fire, Atira has worked diligently to improve safety protocols across its housing sites, including providing enhanced training for staff and updating emergency response plans to prevent future incidents.”

Single-room occupancy buildings like the Winters are often considered the last housing option a person has before homelessness and have been criticized as not being safe places to live.

With files from Kier Junos and John Ackermann.