The Court in charge of this litigation authorized the Notice because you may be a member of the Class. The Notice explains the proposed Settlement and helps you understand all of your options before the Court decides whether or not to approve the Settlement.
Your receipt of Settlement benefits, including cash payments, depends on the Court’s final approval of the Settlement and the resolution of any appeals in favor of approval of the Settlement.
Please be patient and check this Website regularly. Do not contact the Defendants regarding the details of this Settlement because they will not have any information that is not on the Settlement Website. Do not contact the courts about this action.
TopThis Settlement resolves litigation against the Defendants alleging that the Defendants’ negligence caused the Falling Glass Incidents and the resulting repair process. The Plaintiffs claim that they suffered damages from being denied access to their balconies and to some amenities during that repair process.
You can read the Statement of Claim here. The Defendants deny that they have violated any law or engaged in any wrongdoing. The parties agreed to resolve these matters before these issues were decided by the Court.
TopIf you owned, rented and/or ordinarily resided in one of the 254 condominium residential units in the condominium known as One Bedford, located at 1 Bedford Road in Toronto between August 13, 2011 to September 30, 2012 (inclusive), and have not previously opted-out of the class, you are a class member.
TopThe Defendants will pay $1,000,000.00 (one million) (the “Settlement Fund”), plus $70,000 towards the cost of claims administration (the “Administration Fund”) to settle the claims of the Class Members, including the legal fees and disbursements and the costs of administering the settlement, in return for a release and a dismissal of the class action.
Class Members shall submit claim forms to the Claims Administrator, who will determine the amounts to be distributed to Class Members from the Settlement Fund, in full and final settlement of their claims.
Eligible Class Members will receive an award calculated on the amount of the Settlement Fund remaining after payment of legal fees, disbursements, and taxes thereon, and administrative expenses for the settlement administration (the “Net Settlement Fund”). The Claims Administrator will calculate awards on a per unit basis. The award for units without a balcony will be calculated at $500 per unit. Awards for units with a balcony will be calculated at about $2,000 per unit (the “Awards”).
These amounts are based on an award per unit over the Class Period without consideration of (a) the number of people living in the unit, or (b) the size of the balcony in the unit. If after all eligible claims are calculated there remains a surplus in the net settlement fund, then the balance is to be allocated to the claimants who submitted an eligible claim for a unit with a balcony and distributed proportionally. If the net settlement fund is insufficient to pay the Awards, then claims for units without a balcony shall receive $500 and the balance of the fund shall be shared proportionally amongst all eligible claims for units with balconies.
If a unit owner(s) and/or a tenant(s) were both in possession of the unit for all or part of the class period, the owner(s) and/or the tenant(s) will share the payment based upon the month(s) each occupied the unit during the Class Period. If, during the Class Period, a unit owner gave a rent abatement to a tenant, the owner will be reimbursed for that abatement in priority to the tenant.
Further notice of the Settlement will NOT be given. You should monitor this website and check it regularly for the latest information on the status of the Settlement and the details and deadline for making a Claim.
Other limitations and qualifications may apply. Please consult the Court documents here, a lawyer, or contact Class Counsel if you have questions.
TopYes. The Court appointed as Class Counsel the below noted law firms to represent you and the other Class Members.
Kateryna Galts
Charney Lawyers PC
150 Bloor Street West, Suite 602
Toronto, ON M5S 1S4
Tel: (416) 964-7950
E-mail: [email protected]
Marietta Underwood
Strosberg Sasso Sutts LLP
1561 Ouellette Avenue
Windsor, ON N8X 1K5
Tel: (519) 561-6294
Email: [email protected]
If you want to be represented by your own lawyer, you may hire one at your expense.
TopClass Counsel will be asking that the Court approve legal fees of 30% of $1,000,000, which is $300,000, plus disbursements and applicable taxes, in accordance with the contingency fee agreements.
Class Counsel will also be asking that the Court approve an honorarium of $5,000 to be awarded to each of the Named Plaintiffs in recognition of the role they played as representative plaintiffs in this litigation.
Top