What is the Kingston Road class action about?
This class action concerns the explosion at 3640/3650 Kingston Road in Toronto, Ontario on March 19, 2009.
Who is the defendant?
The defendant is Deltera Construction Limited.
Who is a Class Member?
“Class” or “Class Members” means who are all persons, excluding Deltera Construction Limited (“defendant”) and its officers, directors, servants or agents, who on March 19, 2009:
(i) rented a condominium, apartment, townhouse or other utilizable space at 3640/3650 Kingston Road (a “Unit”); or
(ii) ordinarily resided in a Unit; or
(iii) was present in a Unit but was not ordinarily resident in that Unit; or
(iv) owned or had an interest in property located in a Unit; or
(v) owned some or all of the Units.
Who is Class Counsel?
The action was litigated by the following law firms, collectively known as Class Counsel:
Harvey Strosberg Q.C.
Sharon Strosberg
SUTTS, STROSBERG LLP
www.strosbergco.com
sharon@strosbergco.com
Theodore Charney
CHARNEY LAWYERS
tedc@charneylawyers.com
How did the settlement come about?
After protracted arm’s length negotiations between Class Counsel, on behalf of the Class Members, and representatives of the defendant, the parties in the class action entered into a settlement agreement in June, 2013.
What compensation is provided for in the Settlement Agreement?
The defendant will pay the sum of $5,500,000 million (which may be topped up to $6,000,000) to settle the claims of all Class Members, the Ontario Ministry of Health and Long-term Care, and the costs of the litigation and administration.
How can I find out more about the specific terms of the Settlement Agreement?
A copy of the Judgment and Distribution Plan and the Notices concerning this settlement may be downloaded from the Documents page of this website. Click here to reach the Documents page.
Has the Court approved the settlement Agreement?
On July 26, 2013, the settlement was approved by the Ontario Superior Court of Justice.
How has the public been notified about the settlement?
Class Members were first notified of the proposed settlement during the court approved notice program, which took place in June, 2013. This notice program, which advised Class Members of the hearing date on which the approval of the Settlement Agreement would be sought and their right to make objections, involved emailing and mailing the notice directly to Class Members, publishing the notice in the Toronto Sun and posting the notice on the website.
Following the approval of this Settlement Agreement, a similar notice program was established to advise Class Members how to make a claim for compensation.
Has the defendant admitted liability?
The defendant expressly denies any wrongdoing or liability.
Who should deliver a claim for compensation under the settlement?
Any person who believes that they are a Class Member should deliver a claim for compensation. A Class Member’s insurer should deliver a subrogated claim for compensation.
How do I take part in this settlement?
To be eligible to take part in this settlement, Class Members must submit a Claim Form and all required supporting documents to the Administrator no later than November 25, 2013. Click here to reach the secure Claims System.
How do I submit a Claim if I do not have access to a computer with an internet connection?
If you do not have Internet access, you can file a paper claim form. Paper claim forms are available from the Administrator by calling 416.907.4489.
What is the Claims Bar Deadline?
In order to be eligible for compensation pursuant to this Settlement Agreement, Class Members must submit their claim to the Administrator no later than November 25, 2013.
The Administrator must be in receipt of the signed Claim Form and all supporting documentation by the Claims Bar Deadline.
Do I have to pay to take part in this Settlement?
There is no cost to Class Members to submit a Claim Form and receive compensation from the Settlement Fund.
Can I amend my Claim Form after it has been submitted to the Administrator?
After a Claim Form has been submitted, the claim may be amended prior to the Claims Bar Deadline. After the Claims Bar Deadline however, only contact information may be amended.
How do I opt out of the settlement?
The time to opt out of the settlement has passed.
If I don’t do anything, does this mean I have opted out of the settlement?
No. If you are a Class Member and you did not opt out previously, you are bound by the terms of the settlement whether you submit a Claim Form or not.
If I don’t do anything, am I bound by the settlement?
Yes. If you are a Class Member and you did not opt out previously, you will be bound by the terms of the Settlement Agreement.
Who is the Administrator?
Marsh Risk Consulting Canada has been appointed by the Ontario Superior Court of Justice to be the Administrator. Click here for the Administrator’s contact information.
What does the Administrator do?
The Administrator is responsible for overall management of the administrative claims process including: Class Member claim registration, document collection, communications, help desk management, reminders, form transmission, claim management, claim evaluation, analyses, notifications, reporting, appeal procedures, processing of materials to and from the Arbitrator, distribution analyses and audit control.
How was the Administrator appointed?
The Administrator was appointed by the Ontario Superior Court of Justice.
How do I contact the Administrator?
The Administrator may be contacted using the Online Claims System, and by email, phone, fax and mail. Click here for the Administrator’s contact information.
When will I find out about the Administrator’s evaluation of my claim?
The Administrator will complete the evaluation of all claims after the Claims Bar Deadline. Each Claimant will receive notice of the results of this evaluation.
If I disagree with the Administrator’s evaluation of my Claim, what do I do?
The Distribution Plan includes a procedure for Class Members to dispute certain decisions of the Administrator. Class Members may bring the dispute before an Arbitrator appointed by the Ontario Superior Court of Justice for that purpose. The Administrator will provide detailed information about the appeal process with the communication of the claim evaluation.
Who is the Arbitrator and what does the Arbitrator do?
Reva Devins has been appointed by the Ontario Superior Court of Justice to serve as Arbitrator. It is the Arbitrator’s job to evaluate certain claims and particular disputes Class Members may have with the decisions of the Claims Administrator.
When will Class Members receive compensation from the Settlement Fund?
As soon as practicable after the completion of the claims submission and election for review process, the Administrator will bring a motion for authorization to make final distributions of compensation to the Class Members. Because there is a limited amount of money available for all of the Class Members, all of the claims (including appeals) must be finalized before any payments can be made. The court must approve the payments.