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ARTICLE · 08 DECEMBER 2015

Superior Court Decision Offers Helpful Guidance In Pre-Certification Communications

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On November 30th the Superior Court released its decision in de Muelenaere v Great Gulf Homes Limited.

CanadaLitigation, Mediation & Arbitration
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Borden Ladner Gervais LLP
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de Muelenaere v Great Gulf Homes Limited, 2015 ONSC 7442 (CanLII)

On November 30th the Superior Court released its decision in de Muelenaere v Great Gulf Homes Limited. Mr. de Muelenaere is the representative plaintiff in a proposed class proceeding relating to the installation of allegedly defective shower valves in a newly built condominium containing 437 units.

This pre-certification stage motion asked the Court to determine how communications between defendants and putative class members, including settlement offers, should be regulated at this relatively early juncture in a class proceeding.

The defendant developer had received 24 letters from unit holders seeking to resolve their claims directly with the developer, and without necessarily involving class counsel. In response to those expressions of interest the developer offered to retrofit the units with a specially designed valve along with a small payment for inconvenience. In exchange, the

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