Timothy P. Alexander

This is a motion for approval of a class action settlement concerning incidents of glass falling from balconies at Festival Tower, a condominium in Toronto.

The representative plaintiffs sought court approval for the settlement agreement, appointment of a claims administrator, approval of the distribution program, and approval of counsel fees and disbursements.

The court granted the orders sought, finding the settlement fair, reasonable, and in the best interests of the class, despite the comparatively minor loss of balcony use compared to similar cases.

The court considered the risks of litigation, including novel claims for loss of use and enjoyment, and the challenges in establishing liability and aggregate damages.

This endorsement outlines a case management order for five consolidated actions arising from a motor vehicle accident.

The court, acting as case management judge, set a timetable for the remaining procedural steps, including the completion of examinations for discovery, answering undertakings, conducting defence medical examinations, and scheduling a mediation.

The order also directed counsel to circulate a draft consent order for trial of the actions together and to advise on the continuation of an action against a specific insurer.

The plaintiffs sought court approval for a settlement of $2,750,000 for a disabled plaintiff, Jared Edwards, who suffered a brain injury at a summer camp, and approval of their contingency fee agreement (CFA) with De Rose Professional Corporation.

The court approved the settlement as being in the plaintiff's best interests, but found the CFA void due to non-compliance with the Solicitors Act and its regulations, and because it was not fair and reasonable.

The court reduced the legal fees on a quantum meruit basis and ordered the additional funds to be used for a larger annuity for the plaintiff.

The plaintiffs brought certification motions under the Class Proceedings Act, 1992 relating to falling balcony glass panels from three condominium developments in Toronto.

Owners and residents alleged negligence, nuisance, and breach of contract against developers, builders, and related entities after balconies were sealed and glass panels replaced following safety concerns.

The defendants consented to certification subject to three caveats regarding class definition wording, certification of an aggregate damages issue, and the viability of a collateral contract claim against a developer.

The court certified the actions as class proceedings, rejecting the proposed change to the class definition and permitting the collateral contract claim to proceed as a common issue.

However, the court declined to certify a proposed aggregate damages issue due to appellate authority interpreting s. 24(1)(c) of the Class Proceedings Act as prohibiting random sampling of class members to determine damages.

An Ontario mining company sued numerous foreign engineering firms and engineers for negligence, negligent misrepresentation, and breach of contract following a landslide that closed a gold mine in Costa Rica.

The moving defendants challenged the jurisdiction of the Ontario court.

Applying the framework from Club Resorts Ltd. v. Van Breda, the court considered whether presumptive connecting factors established a real and substantial connection with Ontario.

The court held that neither alleged reliance on advice in Ontario, damages suffered in Ontario, nor business connections through related companies established sufficient jurisdictional ties.

Any connection to Ontario was tenuous, as the engineering services, alleged wrongdoing, and resulting physical damage occurred primarily in Costa Rica and the United States.

The court concluded that Ontario lacked jurisdiction simpliciter and therefore declined to assume jurisdiction over the moving defendants.