The Court in charge of this litigation authorized a Notice to you because you may be a member of the Class. The Notice explains the proposed Settlement and helps you understand all of your options. The Settlement was approved on February 8, 2024.
TopIn this class action, the Defendants failed to install or improperly installed Pressure Balance Valves in the bathroom fixtures in each unit. Details pertaining to the class action can be found in the Settlement Agreement under the Documents tab.
TopIf you own, owned, rent, rented and/or ordinarily resided in one of the 417 residential condominium units in the condominium known as X Condos and your family members and guests, located at 110 Charles Street East in Toronto during the Class Period from November 8, 2010 to September 5, 2023 and have not signed a full and final release in favour of the Defendants, Great Gulf Homes Limited, Great Gulf (Jarvis-Charles) Ltd. and Jarvis-Charles G.P. Inc., you are an Eligible Class Member.
Please view Schedule A under the Documents tab for the list of excluded units.
TopThe parties have entered into a settlement agreement dated August 1, 2023 (the “Settlement Agreement”) which was approved on February 8, 2024. The Defendants will pay $1,000,000 (“Settlement Trust”), inclusive of prejudgment interest to settle the claims of the Class Members, including the legal fees and disbursements and the costs of administering the settlement.
TopEligible Class Members will receive an award after payment of legal fees, disbursements, taxes and administrative expenses for the settlement administration (the “Net Settlement Amount”). The Claims Administrator will calculate the award for each Eligible Class Member who properly applied.
The terms of the Settlement are based upon:
Category A - a fixed amount of about $1,500 per unit;
The $1,500 award in Category A is based on an award per unit over the Class Period without consideration of the number of people in the unit. If after all eligible claims are calculated there remains a surplus in the Net Settlement Fund, then the balance will be allocated and distributed per unit. If the Net Settlement Fund is insufficient to pay $1,500 per Unit, the Net Settlement Fund will be shared proportionately among all eligible units.
If a unit owner(s) and/or a tenant(s) was in possession of the Unit for all or part of the Class Period, the owner(s) and/or the tenant(s) will share the payment based upon the month(s) each occupied the Unit during the Class Period.
Category B - a payment for the actual cost of repairs or replacement of the Pressure Balanced Valve subject to a maximum of $6,500 per unit from a fund of $60,000. Each payment may be reduced if there are proper claims totaling more than $60,000.
Category C - payment for injury sustained arising from the unpredictable temperature fluctuations and requiring consultation with a physician or a nurse within one month of the injury. Each Class Member must deliver a physician report or nurse report or clinical note. Each Class Member will receive $2,000 plus $200 for a report from a fund of $33,000 which may be reduced if there are claims totaling more than $33,000.
A fund of $3,000 will be set aside to pay OHIP/Ontario Ministry of Health subrogated claims for Class Members who submitted a valid Category C claim.
TopFor questions regarding the Notices or the Settlement Agreement, please contact:
Claims Administrator
X Condos Settlement
c/o RicePoint Administration Inc.
P.O. 3355
London, ON N6A 4K3
Class Counsel:
Kateryna Galts Charney Lawyers PC
151 Bloor St. W., Suite 602
Toronto, ON M5S 1SW4
Tel: 416.964.7950
Deborah Tocco
Strosberg Sasso Sutts LLP
1561 Ouellette Avenue
Windsor, ON N8X 1K5
Tel: 519.561.6296
Top