6 Sep 2023
Nolevaux v. King and John Festival Corporation
The case of Nolevaux v. King and John Festival Corporation, dated September 6, 2023, was a certified class action that involved plaintiffs Yvette and Rene Nolevaux, who were owners of a condominium unit in Festival Tower, Toronto, which had experienced issues with glass falling from its balconies. The defendant, King and John Festival Corporation, had undertaken remedial work to replace the glass panels in all 381 condominium units. The class action had been initiated in 2012, with allegations of breach of contract, breach of warranty, and negligence. After significant legal proceedings, including the submission of expert reports, the parties had reached a settlement agreement.
The settlement had established a gross settlement fund of $800,000, from which class counsel had sought a contingency fee of 30%, plus HST, along with disbursements totaling $159,236.96. After the deduction of expenses, the estimated net settlement amount for distribution had been $332,038.04. Out of the 381 units, 79 had accepted $500 each in exchange for a release, and five had opted out, leaving 297 units eligible for the settlement. Depending on the take-up rate, the per-unit award had ranged from $1,120 to $1,865, with the same amount per unit, regardless of balcony repair duration or occupancy.
The court had approved the settlement agreement due to its fair and reasonable nature, which had been negotiated in good faith.