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Consent order granted approving the notice plan for a settlement approval hearing in a class proceeding.
The parties in a certified class proceeding regarding purchasers of hotel units in the Trump Tower sought a consent order approving the form and content of the proposed Notice of Settlement Approval Hearing.
The court reviewed the proposed notice plan, which included direct mail, email, a dedicated website, and a Facebook page to reach geographically dispersed class members.
Finding the notice and notice plan satisfactory under section 27.1(8) of the Class Proceedings Act, 1992, the court granted the order.
Motion for defence psychiatric examination denied due to inordinate and unexplained delay by the defendants.
The defendants brought a motion to compel the plaintiff to attend a defence psychiatric examination over seven years after the motor vehicle accident and after the matter had been set down for trial.
The court found the defendants had delayed inordinately without adequate explanation, having known of the plaintiff's mental health issues since at least 2018.
The motion was dismissed as granting the relief would prejudice the plaintiff and jeopardize the upcoming trial date.
