260 Wellesley Class Action

Frequently Asked Questions

  1. What is this lawsuit about?
  2. Why was this notice issued?
  3. Who is a member of the Class?
  4. What are the settlement benefits and how proceeds will be distributed?
  5. What kind of compensation I am eligible for?
  6. How do I submit a claim?
  7. What supporting documents do I need to include to attest membership in the class?
  8. What documents can I submit as proof of residence?
  9. What additional documents do I need to submit to make an injury claim?
  10. Who is the lawyer representing the Class Members?
  11. How will Class Counsel, Claims Administrator and Representative Plaintiff be paid?
  12. What if I retain a lawyer to submit my claim?
  13. How do I amend my claim form?
  14. How can I get more information?
  15. When will cheques be issued?
  1. What is this lawsuit about?

    The 260 Wellesley Class Action sought compensation to eligible individuals 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”). The plaintiffs alleged that the owners, landlords and agents of 260 Wellesley Street East (together, the “Defendants”) did not take proper care of the Building, which resulted in the flood and power outage on January 22, 2019.

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  2. Why was this notice issued?

    You received notice because you may be a member of the class. The purpose of the notice is to advise you of: (1) the Court has now determined that the Settlement Agreement is fair, reasonable, and in the best interest of the Class, and it has been approved, and (2) how to make a claim for compensation pursuant to the Settlement Agreement.

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  3. Who is a member of the Class?

    The proposed settlement includes all persons who, on January 22, 2019 were tenants at 260 Wellesley (“Tenant Class”) and all other visitors of tenants who were present at the Building on January 22, 2019 (“Visitor Class”).

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  4. What are the settlement benefits and how proceeds will be distributed?

    The Defendants have agreed to pay the all-inclusive sum of up to $935,000.00 in full and final settlement of all claims, including Class Counsel fees and Claims Administration Fees. The Settlement Amount will be distributed in accordance with the Court approved Distribution Protocol which is Schedule A to the Settlement Agreement.

    In broad terms, Class Members who completed a valid claim form before the Claims Deadline of November 3, 2021 might be eligible to receive the following:

    A. If you are a member of the Tenant Class

    i. each successful claimant will 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;

    ii. each successful claimant will additionally receive up to a maximum of $1,000.00 to compensate for certain injuries sustained due to the flood and power outage. This additional sum for injury compensation may be reduced depending on how many people make eligible claims.

    B. If you are a member of the Visitor Class

    iii. each successful claimant may additionally receive up to a maximum of $1,000.00 to compensate for certain injuries sustained due to the flood and power outage. This additional sum for injury compensation may be reduced depending on how many people make eligible claims.

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  5. What kind of compensation I am eligible for?

    General Claims Fund

    A member of the Tenant Class might be entitled to receive a payment from the General Claims fund of up to $600.00 for general inconvenience and displacement. This sum may be reduced depending on how many people make eligible claims.

    Members of the Visitor Class are not eligible for a payment from the General Claims Fund.

    Injury Claims Fund

    A member of the Tenant Class or Visitor Class may make a claim under the Injury Claim Fund of up to $1,000.00 if they sustained a physical or psychological injury caused by the Loss. Refer to FAQ #9 for detailed information on the requirements to make a claim under the Injury Claims Fund.

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  6. How do I submit a claim?

    To be eligible to receive compensation under the Settlement, you must complete and submit a Claims Form to the Claims Administrator.  Alternatively, Class Members can also mail a completed Claims Form, postmarked no later than November 3, 2021 to the address below. A copy of the paper claims form can be viewed here.

    260 Wellesley Street Class Action

    c/o RicePoint Administration Inc.

    P.O. Box 4454, Toronto Station A

    25 The Esplanade,

    Toronto, ON M5W 4B1

    A person who submits a claim must meet specific criteria and submit supporting documents to be entitled to a portion of the settlement fund. It is the Claims Administrator’s responsibility to determine if a person who submits a claim is a Class Member, and ultimately whether that Class Member is entitled to a portion of the Settlement Fund.

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  7. What supporting documents do I need to include to attest membership in the class?

    Tenant Class

    Claimants who were residents of 260 Wellesley on January 22, 2019 that wish to make a claim must provide the Claims Administrator with the following:

    i. a completed Claim Form;

    ii. proof of identification;

    iii. proof of residence in the Building on January 22, 2019. Refer to FAQ #8 for details on acceptable types of proof.

    Visitor Class

    Claimants other than members of the Tenant Class that were in the Building on January 22, 2019 who wish to make a claim must provide the Claims Administrator with the following:

    i. A copy of Proof of Identification; and

    ii. Provide a Sworn Declaration that the Claimant was present in the Building on January 22, 2019, visiting with another Tenant Class Member that has been found by the Claims Administrator to be a Tenant Class Member.

    iii. Provide proof they sustained a physical or psychological injury caused by the Loss. Refer to FAQ #9 for detailed information on the requirements to make a claim under the Injury Claims Fund.

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  8. What documents can I submit as proof of residence?

    Documents that may be consider as proof of residence in the Building includes but is not limited to:

    I. Claimants aged 18 years and older:

    i. a copy of government ID listing the building as Claimant address;

    ii. a copy of 2018 tax correspondence address to the Claimant at the Building;

    iii. a copy of contemporaneous utility or financial correspondence addressed to the Claimant at the Building; or

    iv. a copy of registration with a family doctor or medical clinic listing the Building as Claimant address.

    II. School age Claimants, ages 5-17 years

    i. A copy of government identification listing the Building as Claimant address;

    ii. A copy of school registration listing the Building as Claimant address; or

    iii. A copy of registration with registration with a family doctor or medical clinic listing the Building as Claimant address.

    III. Claimants aged 2-4 years:

    i. A copy of a birth certificate indicating a Resident Tenant as a parent; or

    ii. A copy of daycare or nursery school registration listing the Building as the address of the Claimant.

    The above list of documents is in-exhaustive. The Claims Administrator may consider additional documentation as proof of residence at their sole discretion.

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  9. What additional documents do I need to submit to make an injury claim?

    To make a claim under the Injury Claim Fund a Class Member must provide the Claims Administrator with a copy of their medical records dated January 22, 2019 or soon thereafter that documents a physical or psychological injury caused by the Loss.

    The Claims Administrator will determine that a Class Member sustained a physical or psychological injury caused by the Loss if:

    I. the Class Member attended a hospital, walk-in clinic or a family doctor within six (6) months of the Loss and reported an objective injury caused by the Loss; or

    II. the Class Member attended a hospital, walk-in clinic or family doctor within two (2) months of the Loss and reported a qualitative deterioration in a pre-existing medical condition caused by the Loss.

    A pre-existing medical condition will have qualitatively deteriorated if:

    i. the Class Member experienced deterioration by an objective metric applicable to the Claimant’s pre-existing condition and the Claimant’s treating practitioner opines that the Loss caused or contributed to the deterioration; or

    ii. the Class Member was prescribed a new medication, or the Claimant’s standing prescription for a medication was increased and the Claimant’s treating practitioner opines that the Loss caused or contributed to the need for the new or updated prescription.

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  10. Who is the lawyer representing the Class Members?

    Class counsel is:

    Landy Marr Kats LLP

    2 Sheppard Avenue East

    Suite 900

    Toronto, ON M2N 5Y7

    [email protected]

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  11. How will Class Counsel, Claims Administrator and Representative Plaintiff be paid?

    The Court has approved payment of Class Counsel’s fees and disbursements inclusive of HST and disbursements, in the amount of $292,500.00 (exclusive of Administration Fees). The fees are 27.2% of the Settlement Amount, exclusive of tax and disbursements.

    It was also approved a payment of approximately $75,000.00 to be paid to RicePoint Administration Inc. to adjudicate claims. These amounts will be deducted from the Settlement fund.

    Additionally, the Court has further approved payment of an honorarium to the Representative Plaintiffs in the amount of $4,000 each and $1,000 to Ontario Health Insurance Plan.

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  12. What if I retain a lawyer to submit my claim?

    You do not need to retain a lawyer in order to file a claim under the Settlement, and the Claims Administrator and Class Counsel can answer questions you may have about the process. However, if you do retain a lawyer to submit a claim, you will be responsible to pay any fees and disbursements that lawyer might charge.

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  13. How do I amend my claim form?

    If you have received a deficiency letter, please follow the instructions provided in the letter to amend your claim form. Be sure to include all relevant documentation to validate your claim. The deficiency deadline is January 22, 2022.

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  14. How can I get more information?

    Claims Administrator: Class Counsel:
    260 Wellesley Street Class Action
    c/o RicePoint Administration Inc.
    P.O. Box 4454, Toronto, Station A
    25 The Esplanade
    Toronto, ON M5W 4B1
    www.260WellesleySettlement.com

    Landy Marr Kats LLP
    Attention: Vadim Kats
    2 Sheppard Avenue East,
    Suite 900
    Toronto, ON M2N 5Y7
    [email protected]

    Questions should NOT be directed to the Court.

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  15. When will cheques be issued?

    Cheques were issued on April 19, 2022 with a stale date of October 16, 2022. Please cash your cheque within the time period.

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