UPDATE: The claims portal is now closed! Settlement payments will be issued early spring 2024. If you have not recieved a deficiency letter, your claim has been approved and your settlement payment will be issued shortly.
This website provides information about the proposed settlement (the “Settlement”) of a class action lawsuit against King and John Festival Corporation, The Daniels Corporation, KPMB Design Inc. Kuwabara, Payne, McKenna, Blumberg Architects, Kirkor Architects and Planners, Toro Aluminum Railings Inc., and Toro Glasswall Inc. (the “Defendants”). The lawsuit alleges in June 2011 glass paneling installed on the balcony guardrail system fell into the street, necessitating the closure of the balconies and a lengthy repair process (the “Falling Glass Incidents”) which lasted for a period between 10 months to 16 months. The Defendants deny that they have violated any laws and deny that they have engaged in any wrongdoing.
The parties have entered into a settlement agreement (the “Settlement Agreement”) which was approved on September 5, 2023. The Defendants will pay $800,000.00 (eight hundred thousand) (the “Settlement Fund”), inclusive of prejudgment interest 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.
Are you a part of the Settlement?
If you owned, rented and/or ordinarily resided in one of the 381 condominium residential units in the condominium located at the intersection of King Street and John Street, more specifically 326-358 King Street West (alternatively referred to as 80 John Street) between May 1, 2011, to November 30, 2012, and have not already opted out of the class proceeding or signed a release in favour of the defendants: King and John Festival Corporation, The Daniels Corporation, KPMB Design Inc., Kuwabara, Payne, McKenna, Blumberg Architects, Kirkor Architects and Planners, Toronto International Film Festival Developments Inc., Toro Aluminum Railings Inc., and Toro Glasswall Inc. you are a class member.
Summary of Settlement Benefits
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, payments of honoraria, 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 will be calculated at about $1,200 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 residue/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 the fund shall be shared proportionally amongst all eligible claims.
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.
PLEASE DO NOT CONTACT THE COURTS OR DEFENDANTS WITH INQUIRIES ABOUT THIS SETTLEMENT.
All inquiries should be directed to Class Counsel or the Claims Administrator.