Frequently Asked Questions (FAQ)
The Court in charge of this litigation authorized this Notice because you may be a member of the Class. The Notice explains the approved Settlement and assists on how to submit a claim form and your options.
This Settlement resolves litigation against the Defendants alleging that the Defendants’ negligence caused the Falling Balcony Guardrail Incidents and the resulting repair process. The Plaintiffs claim that they suffered damages from being denied access to their balconies and to some amenities during that repair process. You can read the Statement of Claim by visiting www.MatrixTowersSettlement.com. The Defendants deny that they have violated any law or engaged in any wrongdoing. The parties agreed to resolve these matters before these issues were decided by the Court.
If you owned, rented, and/or ordinarily resided in a residential condominium unit at the premises municipally known as 361 Front Street West (East Tower) and 373 Front Street West (West Tower) in the City of Toronto between March 1, 2011 to and including September 15, 2014 (“Class Period”), and you have not already opted out of the class proceeding, you are an Eligible Class Member and can submit a claim form by clicking the File Claim button on the home page of this website or by downloading the Claim Form from the documents tab of this website and submitting it to: Verita Global, Matrix Towers Claims Administrator, PO Box 3355, London, ON N6A 4K3.
The parties have entered into a settlement (the “Settlement Agreement”). It was approved by the Ontario Superior Court of Justice (the “Court”) on July 4, 2025 by Justice Glustein. The Defendants will pay $1,750,000 (the “Settlement Fund”), inclusive of prejudgment interest to settle the claims of the Class Members, including the Legal Fees and Disbursements and the costs of administering the Settlement, in return for a release and a dismissal of the class action.
Class Members shall submit Claim Forms to the Claims Administrator via the settlement website or by mail.
Eligible Class Members will receive an award calculated on the amount of the settlement fund remaining after payment of legal fees, payments of honoraria, disbursements, and taxes thereon and administrative expenses for the settlement administration (the “Net Settlement Fund”). The claims administrator will calculate awards on a per unit basis. The award for units is estimated to be about $1,300 per unit (the “Awards”).
These amounts are based on an award per unit over the Class Period without consideration of (a) the number of people living in the unit, or (b) the size of the balcony in the unit. If after all eligible claims are calculated there remains a residue/surplus in the net settlement fund, then the balance is to be allocated to the claimants who submitted an eligible claim for a unit with a balcony and distributed proportionally. If the net settlement fund is insufficient to pay the awards, then the fund shall be shared proportionally amongst all eligible claims.
If a unit owner(s) and/or a tenant(s) were both in possession of the unit for all or part of the class period, the owner(s) and/or the tenant(s) will share the payment based upon the month(s) each occupied the unit during the Class Period. If, during the Class Period, a unit owner gave a rent abatement to a tenant, the owner will be reimbursed for that abatement in priority to the tenant.
The courts approved Class Counsel fees and disbursements in the amount of $525,000 for legal fees, $68,250 for HST applicable to legal fees, $183,811.33 for disbursements inclusive of HST ($87,066.24 to Charney Lawyers PC and $96,745.09 to Strosberg, Wingfield, Sasso LLP). The money will be derived from the settlement fund of $1,750,000.00.
Once the claims deadline has been reached, the claims administrator will review and make a decision on claims. Payments will follow in early 2026 via cheque or e-transfer depending on the method one has selected in the claim form.
More details, including the actual Settlement Agreement, are available at www.MatrixTowersSettlement.com. You may also contact Class Counsel at:
Kateryna Galts
Charney Lawyers PC
150 Bloor Street West, Suite 602
Toronto, ON M5S 1S4
Phone: (416) 964-7950
e-mail: [email protected]
Marietta Underwood
Strosberg Wingfield Sutts LLP
1561 Ouellette Avenue
Windsor, ON N8X 1K5
Tel: 519.561.6294
Email: [email protected]
You may also contact the Claims Administrator.