On April 24, 2006, the Honourable Mr. Justice Cullity of the Ontario Superior Court of Justice approved a settlement reached in the above-noted class action lawsuit (Please click here to read Justice Cullity's Order). The settlement will provide varying amounts of compensation to eligible class members depending on the extent of carbon monoxide related injuries. A base amount of $500 will be available for those class members who resided at the apartment building at 125 Parkway Forest Drive in Toronto on December 11 and/or 12, 1998 when a carbon monoxide leak occurred at the building, without the need to provide supporting medical documentation.
Rochon Genova LLP will be providing class members with a Notice of Court Approval and Claims Package on or before June 23, 2006. The Notice of Court Approval and Claims Package provide information as to how class members can submit their claims under the settlement. Please note that the deadline for submitting claims to Rochon Genova LLP is May 25, 2007.
Class members will be bound by the terms of the settlement agreement unless they decide to exclude themselves by "opting-out". If you are a class 1 member and would like to exclude yourself from the settlement you must opt-out. Class 2 members shall have no independent right to opt-out. In order to opt-out, Class 1 members will be required to send an opt-out form to Rochon Genova LLP before the opt-out deadline of August 23, 2006. All Class Members who properly opt-out of the settlement will not be eligible for compensation under the Settlement and will retain any rights they may have as against the Defendants.
Should you have any questions after reviewing the Notice of Court Approval and Claims Package, please do not hesitate to call Maureen Wallace at extension 228.
A copy of the Notice of Court Approval (Exhibit C) and Claims Package (Exhibit G) are attached below, among other settlement material.
Below are links to the Settlement Agreement and Exhibits. The materials are in Adobe Acrobat format (.pdf).
Exhibit G: Claim Form
- Opt Out Form
Exhibit H: Draft Order