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