Halifax Crane Collapse
Thornbloom Boutique Limited v. W.M. Fares Architects et al
Nova Scotia Supreme Court File: Hfx No. 492055
On October 18, 2019, Wagners filed a proposed class action in the Supreme Court of Nova Scotia on behalf of residents and businesses alleged to have been affected by the collapse of a crane during post tropical storm Dorian on September 7, 2019.
The proposed class action was filed by proposed representative plaintiff Thornbloom Boutique Limited against W.M. Fares Architects Inc., W.M. Fares & Associates Incorporated, Lead Structural Formwork Limited and The Manitowoc Company, Inc., on behalf of residents and businesses within the area evacuated to address the crane collapse and permit its removal. The action seeks recovery of damages alleged to be sustained by the class, including lost sales revenue, lost rent and costs of relocation.
Updates & Latest Developments
On July 12, 2021, the Nova Scotia Supreme Court issued an Order for Discontinuance of the Halifax Crane Collapse class action, in anticipation of the future filing of a mass tort proceeding, instead. A copy of the Notice of Discontinuance is available above, under “Documents”.
On September 1, 2021, Wagners filed a mass tort claim in the Supreme Court of Nova Scotia on behalf of a number of Plaintiffs previously involved in the proposed class action. An Amended Statement of Claim was filed on November 29, 2021.
Mass tort litigation involves numerous plaintiffs with similar claims collectively filing one legal action against the defendants. In this case, the plaintiffs are claiming damages for losses suffered due to the crane collapse on September 7, 2019. Unlike a class action, a mass tort is not a representative proceeding, and claims will be pursued individually on behalf of each of the named Plaintiffs. Please note that we are no longer taking on additional plaintiffs in this matter.
The next steps in the action include exchange of documents and discovery of the parties.
On July 12, 2021, the Nova Scotia Supreme Court issued an Order for Discontinuance of the Halifax Crane Collapse class action.
Please read the Notice of Discontinuance of the Halifax Crane Collapse Class Action to understand your legal rights.
The Honourable Justice D. Timothy Gabriel has been appointed as Case Management Judge. Justice Gabriel will oversee and manage the proceedings, including setting a schedule for certification, and the procedural steps to be taken beforehand. The Case Management Judge also gives directions and can help to settle any conflicts between us and defence counsel.
As a result of the impact of the COVID-19 precautionary measures, a Case Management Conference that was scheduled to be held on June 24, 2020 has been rescheduled and will now occur on September 4, 2020 before Justice Gabriel.
We have also made FOIPOP requests for documentation and materials from various agencies concerning the collapse of the crane. We are awaiting the fulfillment of the final request.
There will also be testing sessions for the various components of the crane. One session will take place in Ontario and involves metallurgical testing on the remnants of the crane. The other session will be held in Nova Scotia and concerns the testing of the crane turntable. We have retained the services of an expert to attend the testing of the turntable component. Dates are still being finalized for both test sessions but should take place over the course of the next few months.
We will keep all registered class members updated on the status and progress of the action as future events warrant.
Meanwhile if you have any questions please do not hesitate to contact us by phone or email at [email protected].
The Notice of Action and Statement of Claim was filed on October 18, 2019 with the Supreme Court of Nova Scotia. The pleading may be viewed in the Documents section.