Sanala Apartment Complex

Unsafe and Unhealthy Living Conditions

White v. British Columbia Housing Management Commission d.b.a. BC Housing et al., VIC-S-S-202187

What is this case about?

In 2020 Ms. White filed a class action lawsuit on behalf of all individuals who reside or have resided in the Sanala Apartment Complex, located at 564 Fifth Street, in Nanaimo BC after May 16, 2017. Ms. White alleged that the defendants allowed the living conditions at Sanala to become unsafe, unhealthy and unfit for habitation.

What is happening with the case?

Class counsel and the defendants have reached a tentative settlement agreement. The settlement agreement needs to be approved by the BC Supreme Court at a settlement approval hearing in order to be finalized.

The settlement approval hearing is scheduled for one hour during the week of June 10, 2024 at the Courthouse in Victoria, BC. Due to the nature of hearing schedules the specific date and time for the hearing are not yet known. Please check the hearing list for Victoria on the BC Supreme Court’s website each day during the week of June 10, 2024 to determine the date of the hearing, if you wish to attend. Your attendance at the hearing is not required and you are able to make a claim and collect the benefits outlined in the settlement agreement, if it is approved, whether you attend the hearing or not.

What are the terms of the proposed settlement agreement?

That BC Housing has:

  1. Secured safe, stable and reasonable housing for Class members who were residing at Sanala;
  2. Paid $78,980.68 to Class members for damaged personal items; and
  3. Paid $214, 434.69 on behalf of Class members for relocation costs, disposal fees, heat treatment and administration costs.

That BC Housing agrees to:

  1. Reimburse members of the Class for all utilities-related deposits they were required to pay to third-parties;
  2. Pay $50,000 for construction of a playground facility, including a plaque honouring the Sanala residents that will be installed at the redeveloped Sanala lands (the “Community Facilities Fund”);
  3. Pay $50,000 in legal fees, which Class Counsel will donate by matching the BC Housing Community Facilities Fund;
  4. Issue a public apology for the conditions that existed at Sanala;
  5. Establish a restorative engagement committee for the purposes of reviewing and recommending improvements to BC Housing policy.

Please refer to the documents below for more information on this class action.

Form of Notice

Opt-Out Form

Notice of Civil Claim

Proposed Settlement Agreement

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Frequently Asked Questions

Who is able to make a claim?

Any individual who lived in the Sanala Complex at any time after May 16, 2017, regardless of their age.

If I lived at Sanala after May 16, 2017 am I automatically a class member?

Yes, if you take no action and lived at Sanala after May 16, 2017 you are automatically considered a class member.

It is recommended that you email us at classaction@achesonlaw.ca to be added to the class member contact list or check the website frequently for updates.

If you do not wish to be a class member or to participate in this class action you may choose to exit the lawsuit. If you exit the lawsuit, you will receive no benefits from it but you retain the right to pursue the same claims made in the class action on your own.

Please be aware that you must opt out of the class action, if you wish to do so, by March 5, 2024 by filing out and returning the Opt-Out Form.

Can I make a claim now?

No, you are unable to make a claim until a settlement agreement has been approved by the BC Supreme Court.

What action is required at this time if I want to make a claim?

There are no actions that are required at this time if you wish to make a claim.

It is recommended that you email us at classaction@achesonlaw.ca to be added to the class member contact list or check the website frequently for updates.

What if I have suffered an injury or develop a health condition as a result of the conditions at Sanala?

This class action does not impact your ability or right to bring a personal injury lawsuit in relation to the conditions at Sanala. Compensation or benefits received as a result of this class action are not in relation to personal injuries, illnesses or other health conditions that you may have suffered or could develop in the future due to the conditions at Sanala.

Do I have a lawyer to represent me in the class action?

Yes. The Court has appointed Acheson Sweeney Foley Sahota LLP, a Victoria, BC law firm, to represent your interests and the interests of all Class members. You will not be asked to pay out-of-pocket for these lawyers. If the class action is not successful, you will not need to pay any legal fees. If the Proposed Settlement is approved, Class Counsel will receive legal fees of $50,000, which shall be donated in full to the Community Facilities Fund for Sanala’s redevelopment. If you wish to hire a different lawyer to represent you, in the class action or in an individual action, you may do so at your own expense.

If I remain in the class action, can I still sue the defendants for other things?

Yes. This lawsuit deals with circumstances and events at Sanala, and only affects your rights in relation to those matters. Participating in the class action does not affect your rights in relation to any other matters, including other claims against the same defendants, or any claims different defendants than those named in this action.

What happens if I have (or a member of my family has) suffered physical or psychological harm as a result of residing at Sanala?

The Proposed Settlement does not affect or limit personal injury claims, except by establishing that the deadline for bringing such claims does not begin to run until a Class member receives a medical diagnosis attributed or attributable to conditions at Sanala. You may still bring a claim of this type by initiating your own personal injury proceeding before a Court or tribunal.

Who is the representative plaintiff in the class action?

The representative plaintiff is Kari White, who commenced this lawsuit on behalf of the class members. She can be contacted through Acheson Sweeney Foley Sahota LLP, by calling toll free at 1-877-275-8766, emailing classaction@achesonlaw.ca, or mailing correspondence to #300-376 Harbour Road, Victoria, BC, V9A 3S1.

How will I find out about developments in the lawsuit?

Formal notices like this one will be provided to all class members when major steps occur, such as a judgment or settlement. Other updates shall be communicated to class members on achesonlaw.ca/sanala.

What do I do if I am not sure whether I am or a member of my household is a class member?

If you are not certain whether you are a class member, you should contact Acheson Sweeney Foley Sahota LLP, by calling toll free at 1-877-275-8766,  emailing classaction@achesonlaw.ca, or mailing correspondence to #300-376 Harbour Road, Victoria, BC, V9A 3S1.

How do I participate in the lawsuit?

By taking no action at this time. This results in you automatically remaining in the lawsuit, and may entitle you to a share of any benefits obtained through a judgment or settlement.

It is recommended that you email us at classaction@achesonlaw.ca to be added to the class member contact list or check the website frequently for updates.

How do I remove myself from the lawsuit?

By filling out and returning the Opt-Out Form, postmarked no later than  March 5, 2024, to:

Acheson Sweeney Foley Sahota LLP
C/O VIC-S-S-202187
#300-376 Harbour Road, Victoria, BC
V9A 3S1

If I remove myself from the lawsuit, can I pursue an individual case on my own?

Yes. However, your claim may be barred by limitation periods. You will need to commence your own proceeding against the defendants, and if you require a lawyer to represent you in your individual case, you will be fully responsible for bearing any related expense. You will also be fully responsible for taking whatever steps are necessary to protect your legal interests and prove your individual case against the defendants.

Whom can I contact if I have more questions about this notice or the class action?

Check achesonlaw.ca/sanala, call Acheson Sweeney Foley Sahota LLP toll free at 1-877-275-8766, email classaction@achesonlaw.ca, or mail correspondence to #300-376 Harbour Road, Victoria, BC, V9A 3S1.

Our Expert Injury Lawyers Can Help You Identify Negligence and Liability

To obtain compensation for a slip and fall injury sustained on another’s property, you must prove that the property owner was negligent. For example, a store owner is not always liable for a customer injury; remember that it is a normal part of living for things to fall on or to drip onto a floor or the ground, and for smooth surfaces to become uneven. So, a BC property owner cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Nor is a property owner always responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid. When you are ready to discuss your situation, our expert slip and fall lawyers will help you identify where negligence may have occurred. In addition, we can guide you in calculating the amount of benefits you can receive for a personal injury, and walk you through the claim process.

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