'Why is it taking so long?': Former tenant laments fifth anniversary of Windsor high-rise fire

Fifth year anniversary of Westcourt fire Five years after a fire spread through Westcourt Place and tenants are displaced and left in the dark. Michelle Maluske reports.

Five years after a fire forced residents to flee Westcourt Place in Windsor, the high-rise remains vacant, leaving former tenants like Steven Shpak grappling with loss, frustration, and unanswered questions.

On Nov. 12, 2019, a fire in the garage at Westcourt Place quickly spread throughout the building, forcing a full evacuation. The high-rise remains empty to this day.

“That day, well, I will never forget it,” Shpak told CTV News on Tuesday.

Shpak said he woke to the sound of fire alarms which, he said, were a frequent occurrence in the building.

But this time, when he stepped into the hall to open the garbage chute door, he saw smoke billowing up to the 21st floor.

Shpak, his wife, and their three pets escaped with the help of Windsor firefighters.

“We ran right into all the smoke, and we couldn't see. There were no lights,” he said.

Since the fire, Shpak has lived with family. His wife, he said, passed away partly due to the stress of losing their home.

“She was too worried. Where am I going to live? What are we going to do?” Shpak said.

Shpak said his pickup truck, parked in the garage that day, was written off — and his insurance only covered the cost of cleaning his furniture. All the fish in his tank died when the power was turned off and what was left of his belongings was moved into storage by a company.

“I just want to get on with my life,” he said Tuesday. “Why is it taking so long? You know, it's a lot of stress.”

Class action lawsuit moves forward

In February 2022, a $35-million class-action lawsuit by the Windsor law firm Strosberg Wingfield Sasso LLP was certified.

“We have a settlement in principle,” lawyer Harvey Strosberg told CTV News on Tuesday, adding that it’s better to secure money for tenants than to focus on assigning fault.

“I don't know what happened with Westcourt (Place). I don't know what will happen with Westcourt. I just don't know,” he said.

Strosberg hopes a judge will meet with lawyers for all parties in January. If tenants and Westcourt’s insurance company can agree on financial terms, Strosberg expects tenants could be paid by next June.

If they can’t agree, Strosberg intends to continue pursuing a motion to assign blame for the fire.

“I hope the judge will ask what's going on in Westcourt, and hopefully someone will answer the question. I can't answer the question. I don't have an answer,” Strosberg said.

‘Probable’ cause in electrical busway

According to court documents posted on the class action website, Roar Engineering investigated the fire.

An excerpt of their findings reads as follows: “It is Roar’s opinion that the fire originated along the section of electrical busway routed above parked vehicles in basement B2 in Westcourt Place. The probable cause of the fire was the defendant’s failure to inspect the main electrical busway.”

Strosberg said Westcourt’s insurance company can settle the class action without admitting blame or taking responsibility for the fire.

Repeated emails and voicemails seeking comment from lawyers representing the numbered company that owns Westcourt Place were not returned.