The Court in charge of this litigation authorized a Notice to you 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 the Settlement Website home page regularly for updates. Do not contact the Defendants regarding the details of this Settlement because they will not have any information that is not on this 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 by visiting the Documents page of this website. 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 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.
TopEligible 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.
TopYes. The Court appointed as Class Counsel the below noted law firms to represent you and the other Class Members.
Charney Lawyers PC
150 Bloor Street West, Suite 602
Toronto, ON M5S 1S4
Tel: (416) 964-7950
E-mail: [email protected]
Strossberg, Sasso, Sutts LLP
1561 Ouellette Ave
Windsor, Ontario N8X 1K5
Tel: (416) 362-7272
E-mail: [email protected]
If you want to be represented by your own lawyer, you may hire one at your expense.
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Class Counsel will be asking that the Court approve legal fees of 30% of $800,000.00 which is $240,000.00 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.
Class Counsel will also be asking that the Court approve these payments, as well as payments for the costs of the administration out of the settlement fund
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