This is a motion for approval of a class action settlement concerning incidents of glass falling from balconies at Festival Tower, a condominium in Toronto.
The representative plaintiffs sought court approval for the settlement agreement, appointment of a claims administrator, approval of the distribution program, and approval of counsel fees and disbursements.
The court granted the orders sought, finding the settlement fair, reasonable, and in the best interests of the class, despite the comparatively minor loss of balcony use compared to similar cases.
The court considered the risks of litigation, including novel claims for loss of use and enjoyment, and the challenges in establishing liability and aggregate damages.