5 Jul 2023
Medland v. Fortress Real Capital Inc.
In the case of Medland v. Fortress Real Capital Inc. dated July 5, 2023, the plaintiff, Medland, brought a motion seeking two orders. Firstly, to lift the stay of proceedings for ADI Developments (Link) Inc. and ADI Development Group Inc., which had been granted in a previous court order. Secondly, to approve the dismissal of the action against the ADI Defendants, with prejudice and without costs.
Ms. Medland's action revolved around failed investments in two syndicated mortgage loans for a development known as the "Sutton Project," later renamed the "Link." The loans were for $11.6 million (dated September 4, 2012) and $7.991 million (dated April 4, 2014), with the total principal amount of $19.6 million remaining outstanding.
The ADI Defendants, Adi Developments Inc., and Adi Development Group Inc., were the borrower and guarantor of the loan agreements, respectively.
The proposed class action included all Canadian investors in the syndicated mortgages, with claims raised against several parties for negligence, negligent misrepresentation, and breach of contract.
After negotiations, a settlement was reached in the FAAN Action, amounting to $18,297,216, plus additional amounts related to rents from commercial tenants. The settlement, approved by Justice McEwen on June 1, 2023, ensured the putative class members received at least $18.3 million, which constituted over 91% of their principal owed, from the ADI Defendants.
In light of the fair and reasonable settlement, the court approved the discontinuance of the action against the ADI Defendants. There was no evidence of improper purpose, and the interests of putative class members were not prejudiced by this dismissal. The court's approval bound all class members to the settlement.