Laura Bassett

The plaintiffs brought a motion for settlement and fee approval in a certified class proceeding against the defendant developer regarding abortive purchases of hotel condominium units.

The court approved the $5.75 million settlement as fair and reasonable, noting it was a modest success given the litigation risks.

The court also approved class counsel's fee of $2.2 million, with $1.25 million payable immediately and a $950,000 holdback pending final distribution.

A motion by former, disqualified class counsel to approve a fee-sharing agreement with current class counsel was dismissed, as the former counsel had been disqualified, assumed no ongoing risk, and provided no services under the current retainer.

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.

The plaintiffs brought a motion to strike a jury notice due to court availability issues in Kingston, while the defendant brought a motion to adjourn the trial so it could be heard together with a separate action arising from a subsequent 2018 motor vehicle accident.

The court conditionally struck the jury notice, noting that criminal trials take priority and a civil jury trial was unlikely to proceed as scheduled.

The court dismissed the defendant's motion to adjourn, finding that delaying a 2012 accident claim by several more years to allow the 2018 action to catch up would cause significant prejudice to the plaintiffs.