The Representative Plaintiffs, Elaine and Jack Quinte, and Class Counsel advise that the parties have executed an agreement to settle the class action relating to the June 2012 collapse of the Algo Centre Mall in Elliot Lake, Ontario.  If approved by the Court as discussed below, the settlement agreement will, among other things, involve the Defendants paying an all-inclusive amount of $10 million in exchange for the claims of any Class Members against the Defendants being dismissed and released.

The Court-approved Notice of Proposed Settlement can be viewed or downloaded here.  

The settlement agreement was reached in the context of multi-year settlement mediation sessions (that were conducted first by a retired judge from the Court of Appeal and more recently by the former Chief Justice of the Court of Appeal), and after various court hearings and decisions, the exchange of relevant documents by the parties, the plaintiffs completed any examinations for discovery of the Defendants, and the scheduling of a summary judgment motion for last fall.

The settlement agreement is subject to review by the Court at a Settlement Approval Hearing scheduled to take place by video or virtual hearing (Zoom) on April10, 2026.    If the Court determines that the settlement proposed in the executed agreement is fair, reasonable and in the best interests of the Class, the Court will approve the settlement agreement and it will become final and binding on the parties (including the Class members).   If and when the settlement is approved and becomes binding, the $10 million settlement funds will be distributed in accordance with the terms of the agreement and a distribution plan that must also to be approved by the Court.

Class Counsel has proposed a distribution plan that would involve a third-party Adjudicator independently evaluating the damages claimed by or on behalf of each Class Member.  The Adjudicator will have to be approved by the Court, and will have experience reviewing, evaluating and valuing claims for damages.  Under that proposed distribution plan, once the Adjudicator completes the evaluation of all of the Class Members’ damages, the net settlement funds available (after the deduction of court-approved costs, disbursements, levies and other expenses from the $10 million), will be paid out proportionately based on the Adjudicator’s evaluation of each of the damage claims made by or on behalf of each of the Class Members.

Please click here more information about this class action and proposed settlement.

Questions About this Proposed Settlement 

For more information about this action please contact Jack Stebbing at:

Email: mallinfo@royoconnor.ca

Tel: 1-888-330-8815

The partners of Roy O’Connor are honoured with the 2023 Benchmark Litigation awards for:

• Plaintiff Firm of the Year;
• National Impact Case (Fresco v CIBC);  and,
• Plaintiff Litigator of the Year (David O’Connor).

We are also honoured that Peter Roy was again recognized as a top 50 Trial Lawyer by Benchmark this year and that each partner  was recognized as a Litigation Star in class actions and commercial litigation.

Today, the Ontario Superior Court of Justice issued reasons for judgment in the long-running unpaid overtime class action lawsuit against Canadian Imperial Bank of Commerce (CIBC).  The Court ruled in favour of the class of approximately 31,000 current and former tellers, personal bankers and other front-line workers in retail branches across Canada, finding that CIBC  breached its overtime obligations to the Class.

The law firms of Roy O’Connor LLP, Sotos LLP and Goldblatt Partners LLP represent the Class Members in this action.

The class action lawsuit (Dara Fresco v Canadian Imperial Bank of Commerce) was initially launched in 2007, and was the first class action brought in Canada against the overtime policies and procedures of a major Canadian corporation.

In ruling in favour of the Plaintiff Dara Fresco and the Class Members, Justice Edward Belobaba found that, among other things:

“…CIBC was careless and indifferent, indeed negligent, about its obligation to comply with the requirements of the [Canada Labour] Code. I can also find that the bank should have known better. It is a multi-billion-dollar financial institution with an able legal staff that can easily advise on the requirements of federal labour law. For some reason this didn’t happen. The bank dropped the ball, to be sure.“

Justice Belobaba found that the Bank’s overtime policies and hours-of-work recording practices were unlawful, were system-wide in nature and impeded class member overtime claims.  His Honour also found that the Bank “must be found to have permitted (or not prevented) all uncompensated hours of the class members”.

Click here for more information about this class action.

A request has been made to the Department of Justice in the Hep-C matter to transfer surplus funds from the 86/90 settlement to the Pre-86/Post-90 settlement. Click the attached to review the request and position paper.

Following a hearing in the Ontario Superior Court of Justice on June 21, 2019, the Class Action Case Management Judge approved the  $19 million settlement, proposed distribution protocol and class counsel fee request in this class action.

Class Members who are current employees of Livingston will automatically receive their compensation.  If you are a class member who is a former employee of Livingston you can now ask for your share of the settlement.

You must ask for your share of the settlement by October 15, 2019, otherwise you cannot get any money from the settlement.

To complete a settlement payment form online, please go to: www.livingstonintlclassaction.ca.

You can also complete and mail in a settlement payment form, but it must be received by no later than October 15, 2019. To download a copy of the form, please visit www.livingstonintlclassaction.ca.

• Please click here for more information about this case and the Court-approved settlement.

The claims program for Settlement Class Members with eligible 3.0L vehicles commenced on May 8, 2018.  The settlement website is now active and can be found at at www.VWCanadaSettlement.ca

A request has been made to the Department of Justice in the Hep-C matter to transfer surplus funds from the 86/90 settlement to the Pre-86/Post-90 settlement. Click the attached to review the request and position paper.

On March 6, 2017, Roy O’Connor LLP issued a proposed class action lawsuit on behalf of a proposed representative plaintiff  against medical marijuana producer Mettrum Ltd.

The lawsuit alleges that Mettrum Ltd used unauthorized pest control products in the production of some of its medical marijuana products between September 2014 and November 2016.  The lawsuit seeks millions in damages for the proposed class of individuals who purchased the affected products.

A class action case management judge has been assigned to oversee this case and a certification hearing has been scheduled for May 13, 2019.

For more information please contact:

James Katsuras

Tel: 416-362-1989

Toll Free: 1-888-330-8815

Email: jk@royoconnor.ca

Register for More Information 

If you are a member of the proposed class and wish to receive information from time to time about the status of the lawsuit, you may request such information by clicking here. 

Roy O’Connor LLP was once again recognized with one of the prestigious Benchmark Litigation Plaintiff Firm of the Year award for 2017. Roy O’Connor LLP  previously won the Plaintiff’s Firm of the Year award in 2013 and 2015.

Sean Grayson of Roy O’Connor LLP, together with Robert Spiegel of Stikeman Keeley Spiegel LLP, were successful in obtaining a Revocation Order from the OSC for Good Mining Exploration Inc. dated January 11, 2017, in respect of a cease trade order that had been in place since June 22, 2015. The News Release from the OSC can be viewed here: January 12, 2017 News Release.