Settlement administration process for 260 Wellesley St. E
Further to our post of June 23, 2021, the settlement administration process for the 260 Wellesley St. E. matter has now begun.
The settlement is being administered by RicePoint Administrators inc. The website where all of the information can be found and claims can be submitted can be found here: https://260wellesleysettlement.com/ You may file your claim by clicking the “File Claim” button in the top right corner of the website and populating the form with the required information. Please note that all claims must be filed on or before October 19, 2021 in order to be accepted and processed.
For further reference, please see attached the Notice to Class Members and a copy of the Claims Form pertaining to this settlement.
Settlement Approved for 260 Wellesley St. E.
On Monday, June, 21, 2021, the Ontario Superior Court of Justice approved the proposed settlement of the 260 Wellesley Street East Class Action as detailed below. Please see the attached Order of Justice Belobaba dated June 21, 2021.
Further updates regarding how to make a claim will follow. Please check the website regularly.
Proposed Settlement for 260 Wellesley St. E.
While not admitting liability for the claims advanced under this Class Action, the owners, landlords and agents of 260 Wellesley Street East (together, the “Defendants”) have agreed to a proposed settlement of this Class Action that will provide compensation to eligible persons who on January 22, 2019 were tenants at 260 Wellesley (the “Building”) or were present in the Building on January 22, 2019 (the “Class Members”). This proposed settlement is conditional on approval of the Court.
The proposed settlement includes all persons who, on January 22, 2019 were tenants at 260 Wellesley and all other visitors of tenants who were present at the Building on January 22, 2019.
The Defendants have agreed to pay the all-inclusive sum of up to $935,000.00 (the “Settlement Amount”) to settle the Class Action and compensate all Class Members, in return for releases from liability and a dismissal of the Class Action. The proposed settlement is subject to Court approval. You are not entitled to receive the proceeds under the Proposed Settlement until it is approved by the Court and, subsequently, until your claim is approved pursuant to the claims administration process. The settlement, if approved, will conclude the Class Proceeding.
Class Counsel will seek Court approval of an all-inclusive fee of $292,500.00 (equivalent to a 27.2% contingency fee plus HST and disbursements). Class Counsel will not be paid until the Court declares that the proposed legal fees are fair and reasonable.
If the settlement is approved, each successful claimant may receive up to a maximum of $600.00 for general inconvenience and displacement. This sum may be reduced depending on how many people make eligible claims.
Class Members may additionally receive up to a maximum of $1,000.00 to compensate for certain injuries sustained due to the flood and power outage that occurred between January 22, 2019 and January 27, 2019. This additional sum for injury compensation may be reduced depending on how many people make eligible claims.
Any Net Settlement Funds remaining following the payment of claims shall be returned to the Defendants.
The Approval Hearing will take place virtually on June 21, 2021 at 10 AM. The Log-in details are as follows;
Join Zoom Meeting https://ca01web.zoom.us/j/6485218389?pwd=ZVJydmhWcW1NT1piZTc4RDh3QVdaQT09
Meeting ID: 648 521 8389 Passcode: 736225
Dial by your location +1 647 374 4685 Canada 855 703 8985 Canada Toll-free
The hearing may be moved to different dates and times without additional notice. Please check back here or call Landy Marr Kats LLP in advance if you are planning to attend.
If you want to object to the proposed settlement, you should do so by writing a letter to Class Counsel stating that you object to the proposed settlement. Your objection must include:
Your full name, current mailing address, email address and telephone number;
A brief statement of the reason(s) for your objection;
Your signature or the signature of you legal agent, acting with your instructions.
To be considered by the Court, your letter must be received by Class Counsel by mail no later than June 14, 2021, at the address below:
VADIM KATS (lawyer)
LANDY MARR KATS LLP
2 SHEPPARD AVENUE EAST, SUITE 900
TORONTO, ON M2N 5Y7
Any Class Members may attend at the Approval Hearing. Persons attending to object to the Settlement Agreement must send a letter to Class Counsel stating their objection as outlined above.
After the hearing, the Court will decide whether to approve the proposed settlement and Class Counsel’s fees. We do not know how long these decisions will take.
Notice to Residents of 260 Wellesley
Landy Marr Kats LLP has launched a proposed class action against the owners and management of 260 Wellesley.
The proposed class action seeks damages for the electrical, heating, and water outage in the building which began January 22, 2019.
The tenants, residents, and visitors to 260 Wellesley were forced to either live in the building without electricity, heat or water in the dead of winter, or vacate the property on little to no notice.
If you were affected by this incident as a tenant, resident, or visitor to 260 Wellesley, you may wish to keep a log of all expenses that you have incurred as result of the incident and any lost income as a result of the incident. Some examples of expenses may include but are not limited to additional mileage on your car necessitated by moving and/or a longer commute, gas expenses, additional time spent commuting, living expenses, lost property expenses, insurance deductibles, and any other out of pocket expenses.
It is important that you maintain any evidence that you have (such as photos and videos) with respect to the condition and contents of your unit prior to and after the incident, if anything was lost or damaged.
If you are having medical difficulties as a result of the incident, we encourage you to seek appropriate medical attention.
On March 6, 2020, the Ontario Superior Court of Justice certified this proceeding to move forward as a class action on behalf of people who were tenants, residents or visitors at 260 Wellesley during the power outage which occurred between January 22, 2019 and January 27, 2019.
Please see the links to Publication Notice, Long Form Notice, and Opt-out form.
We would encourage you provide us with your contact information or with any questions, comments, or concerns you may have. You can do that by clicking here.