The plaintiffs moved to certify a proposed product liability class action for settlement purposes and to approve a negotiated settlement and class counsel fees under the Class Proceedings Act, 1992.
The action alleged design and manufacturing defects in certain windows that permitted water penetration and caused wood rot and property damage.
The court held that the requirements for certification under s. 5(1) were met in the settlement context and that a class proceeding was the preferable procedure.
The proposed settlement, which provided compensation through a claims process or expedited arbitration and included no cap on total benefits, was found to be fair, reasonable, and in the best interests of the class.
The court also approved class counsel fees of $650,000 as reasonable in light of the risks and work undertaken.