Court File and Parties
COURT FILE NO.: CV-17-569023-00CP
DATE: 20220719
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ASHLEKA PERSAUD and TEN EIGHT VACATIONS LTD.
Plaintiffs
- and –
TALON INTERNATIONAL INC.
Defendant
Proceeding under the Class Proceedings Act, 1992
Counsel:
Sean A. Brown, Chris Lupis, Laura Bassett, and Paul D. Mack for the Plaintiffs
Symon Zucker and Nancy J. Tourgis for the Defendant
HEARD: In writing
REASONS FOR DECISION
PERELL, J.
[1] This is a certified class proceeding under the Class Proceedings Act, 1992,[^1] against Talon International Inc. on behalf of purchasers of Hotel Units in the Trump Tower building in downtown Toronto.
[2] On consent, the parties seek an Order approving the form and content of the proposed Notice of Settlement Approval Hearing.
[3] The proposed Notice Plan resembles the Notice Plan approved by this Court at the time this action was certified as a Class Proceeding.
[4] Following three days of mediation in March and June 2022, the parties reached a Settlement Agreement made as of July 7, 2022.
[5] Class Counsel was mindful that the Notice of Hearing cannot be provided to Class Members in the traditional manner because of geographic disparity. They are purchasers from all over the world. However, Class Counsel has information about Class Members from the Agreements of Purchase and Sale and other documents provided by the Defendant in its Affidavit of Documents. A summary of the notice plan is as follows:
a. Class Counsel will send the Notice of Hearing to Class Members by regular letter mail to the address or addresses for each Class Member based on information from the Defendant’s Affidavit of Documents.
b. Class Counsel will send the Notice of Hearing by email to Class Members who provided Class Counsel with an email address.
c. Class Counsel will post the Notice of Hearing on the website created by Class Counsel under the domain www.TalonClassAction.com.
d. Class Counsel will create a Facebook Page identified as a page created for the purpose of providing notice to Class Members and will post the Notice of Hearing on the Facebook page.
[6] The parties have agreed to the contents of the Notice of Settlement Approval Hearing. The notice provides, among other things: (a) the definition of a Class Member; (b) an explanation of the lawsuit; (c) the purpose of the notice; (d) an explanation of who may make a claim if the settlement is approved; (e) the amounts of the proposed settlement; (f) instructions for those who wish to object; and (g) direct contact information for Class Counsel.
[7] Section 27.1(8) of the Class Proceedings Act, 1992 states:
Notice of settlement hearing
(8) The court shall consider whether notice of a hearing of a motion for approval of a settlement should be given under section 19, and whether such notice should include,
(a) a statement of the purpose of the hearing;
(b) the process for objecting to the approval of the settlement;
(c) any other prescribed information; and
(d) any other information the court considers appropriate.
[8] I am satisfied with the notice and with the notice plan for the immediate case. I have signed the requested Order.
Perell, J.
Released: July 19, 2022
COURT FILE NO.: CV-17-569023-00CP
DATE: 20220719
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ASHLEKA PERSAUD and TEN EIGHT VACATIONS LTD.
Plaintiffs
- and –
TALON INTERNATIONAL INC.
Defendant
REASONS FOR DECISION
PERELL J.
Released: July 19, 2022
[^1]: S.O. 1992, c. 6.