Stephen Raymond Marentette

This is a class proceeding settlement approval decision arising from a fire on November 12, 2019, in the parking garage of Westcourt Place, an apartment building in downtown Windsor.

The building contained approximately 150 residential apartments and 80,000 square feet of commercial space.

The occupants were displaced and sued the defendant owner and manager.

The parties reached a settlement of $7,300,000 after mediation and protracted negotiations.

The court approved the settlement despite objections from the City of Windsor and some residential tenants.

The court rejected the City's objection on the basis that it failed to opt out of the class proceeding by the deadline and did not establish excusable neglect.

The court also approved counsel fees of $2,190,000 plus disbursements and taxes under a 30% contingency fee agreement, and declined to award honoraria to the representative plaintiffs.

The court dismissed Farm Credit Canada's application for the appointment of a receiver over the assets of Kapital Produce Ltd. and related companies.

The court found that, although there were alleged events of default under the credit agreement, most were cured within the required period and did not constitute actionable defaults.

The court held that the appointment of a receiver was not just or convenient in the circumstances, given the significant value of the security held by FCC, the lack of evidence of irreparable harm or risk to the assets, and the Debtors' ongoing efforts to resolve the indebtedness.

The plaintiff, Michael Cirone, brought a motion to compel the defendant, Ian Morris, to answer questions taken under advisement at his examination for discovery and to attend a further examination for discovery.

The motion sought production of all bank statements for the firm's Canadian and U.S. Trust Accounts from January 1, 2014, to December 31, 2018, and further discovery arising from these productions.

The defendants opposed on grounds of relevance and solicitor-client privilege, arguing that the trust accounts were not partnership property and that the plaintiff had withdrawn allegations of fraud.

The court found the trust account statements relevant under sections 28 and 29 of the Partnership Act, as they contained information affecting the partnership and were linked to partnership business.

The court also rejected the solicitor-client privilege claim, noting the plaintiff was a former partner entitled to such information.

The motion was granted, compelling production of the trust account statements and ordering a further examination for discovery.

Costs were awarded to the plaintiff.

The Plaintiff condominium corporation sued the Defendant window manufacturer for breach of warranty, contract, and negligence regarding defective windows and condensation issues.

The court found that most problems were due to building construction, humidity, or installation errors, which were excluded by the warranty.

However, the court found the Defendant liable for manufacturing defects in approximately 10 Insulated Glass Units (IGUs) that failed due to water leaks unrelated to condensation.

The Plaintiff's claims for general damages and full replacement costs were dismissed, with limited damages awarded for the specific IGU failures under warranty.