What is the Sunrise Propane class action about?

This action concerns the series of explosions that occurred at the Sunrise Propane facility located in Toronto, Ontario on August 10, 2008.

Who are the defendants?

Sunrise Propane Energy Group Inc., 1367229 Ontario Inc., 1186728 Ontario Limited, 1369630 Ontario Inc., 1452049 Ontario Inc., Valery Belahov, Shay (Sean) Ben-Moshe, Leonid Belahov, Arie Belahov, 2094528 Ontario Inc., HGT Holdings Ltd.,Teskey Construction Co. Ltd. and Teskey Concrete Co. Ltd., The Technical Standards and Safety Authority, Felipe De Leon, Ontario Hose Specialties Limited, Peraflex Hose Inc., Peraflex Hose Industries Inc., Blackmer, operating as a division of Dover Energy Inc., Weldex Company Limited, Keddco Mfg. Ltd., Robert Parsons Equipment Trading Inc. and Pro-Par (1978) Inc..

Who is a Class Member?

“Class” or “Class Members” are defined as those persons (who did not opt out of the class action) who were present or owned or leased or occupied properties located within the area of the City of Toronto bounded by Keele Street, Highway 401, Sheppard Avenue and Dufferin Street when a series of explosions occurred on August 10, 2008 at the propane facility located at 48/54/62 Murray Road in the City of Toronto, excluding the defendants and third parties and excluding the defendants’ and third parties’ officers, directors, servants, employees or agents.

Who is Class Counsel?

The action was litigated by the following law firms, collectively known as Class Counsel:

Harvey Strosberg Q.C.
Sharon Strosberg

Theodore Charney
Samantha Schreiber

Harvin Pitch

How did the settlement come about?

After arm’s length negotiations between Class Counsel, on behalf of the Class Members, and representatives of the defendants, the parties in the class action entered into a settlement agreement.

What compensation is provided for in the Settlement Agreement?

The defendant will pay the sum of $23,345,000 to settle the claims of all Class Members, the Ontario Ministry of Health and Long-term Care, and the costs of the litigation and administration.

How can I find out more about the specific terms of the Settlement Agreement?

A copy of the Judgment and Distribution Plan and the Notices concerning this settlement may be downloaded from the Documents page of this website.

Has the Court approved the settlement Agreement?

On August 7, 2014, the settlement was approved by the Ontario Superior Court of Justice.

How has the public been notified about the settlement?

Class Members were first notified of the proposed settlement during the court approved notice program, which took place in June and July, 2014.  This notice program, which advised Class Members of the hearing date on which the approval of the Settlement Agreement would be sought and their right to make objections, involved emailing and mailing the notice directly to Class Members and posting the notice on the Sunrise Propane Class Action website.  Class Counsel also held three town hall meetings to explain the settlement.

Following the approval of this Settlement Agreement, a similar notice program was established to advise Class Members how to make a claim for compensation.

Have the defendants admitted liability?

The defendants expressly deny any wrongdoing or liability.

Who should deliver a claim for compensation under the settlement?

Any person who believes that they are a Class Member should deliver a claim for compensation.  A Class Member’s insurer should deliver a subrogated claim for compensation.

How do I take part in this settlement?

Class Members are eligible for compensation from this Settlement, and should file a Claim using the Claims System.  A new registration is required to file a Claim for compensation from this Settlement.  The Administrator has access to the information and documents filed with class counsel prior to settlement.

If you are a Class Member’s insurer with a subrogated claim, please click here to reach the Administrator and receive information about filing a subrogated claim.

The deadline for Class Members and insurers to file a claim is December 19, 2014; no new claims can be filed after this deadline.

How do I submit a Claim if I do not have access to a computer with an internet connection?

Contact the Administrator for a paper claim form if you are a Class Member who does not have access to a computer with an internet connection.

What is the Claims Bar Deadline?

In order to be eligible for compensation pursuant to this Settlement Agreement, Class Members must submit their claim to the Administrator no later than December 19, 2014.

The Administrator must be in receipt of the signed Claim Form and all supporting documentation by the Claims Bar Deadline.

Do I have to pay to take part in this Settlement?

There is no cost to Class Members to submit a Claim Form and receive compensation from the Settlement Fund.

Can I amend my Claim Form after it has been submitted to the Administrator?

After a Claim Form has been submitted, the claim may be amended prior to the Claims Bar Deadline. After the Claims Bar Deadline however, only contact information may be amended.

Once a claim has been certified and submitted online, the claim is locked so that the Administrator may begin the review process. Please contact the Administrator, via the Communications tab of the online claim, to request that the claim be unlocked, if you wish to amend a certified/submitted claim prior to the Claims Bar Deadline.

How do I opt out of the settlement?

The time to opt out of the settlement has passed.

If I don’t do anything, does this mean I have opted out of the settlement?

No.    If you are a Class Member and you did not opt out previously, you are bound by the terms of the settlement whether you submit a Claim Form or not.  However, if you do not submit a Claim Form, you will not be able to be compensated.

If I don’t do anything, am I bound by the settlement?

Yes. If you are a Class Member and you did not opt out previously, you will be bound by the terms of the Settlement Agreement.

Who is the Administrator?

Marsh Risk Consulting Canada has been appointed by the Ontario Superior Court of Justice to be the Administrator.

What does the Administrator do?

The Administrator is responsible for overall management of the administrative claims process including: Class Member claim registration, document collection, communications, help desk management, reminders, form transmission, claim management, claim evaluation, analyses, notifications, reporting, appeal procedures, processing of materials to and from the Arbitrator, distribution analyses and audit control.

How was the Administrator appointed?

The Administrator was appointed by the Ontario Superior Court of Justice.

How do I contact the Administrator?

The Administrator may be contacted using the Communications facilities within the Claims System, and by email, phone, fax and mail.

When will I find out about the Administrator’s evaluation of my claim?

The Administrator will complete the evaluation of all claims after the Claims Bar Deadline. Each Claimant will receive notice of the results of this evaluation.

If I disagree with the Administrator’s evaluation of my Claim, what do I do?

The Distribution Plan includes a procedure for Class Members to dispute certain decisions of the Administrator.  Class Members may bring the dispute before an Arbitrator appointed by the Ontario Superior Court of Justice for that purpose. The Administrator will provide detailed information about the appeal process with the communication of the claim evaluation.

Who is the Arbitrator and what does the Arbitrator do?

Reva Devins has been appointed by the Ontario Superior Court of Justice to serve as Arbitrator. It is the Arbitrator’s job to evaluate certain claims and particular disputes Class Members may have with the decisions of the Claims Administrator.

When will Class Members receive compensation from the Settlement Fund?

As soon as practicable after the completion of the claims submission and election for review process, the Administrator will bring a motion for authorization to make final distributions of compensation to the Class Members.  Because there is a limited amount of money available for all of the Class Members, all of the claims (including appeals) must be finalized before any payments can be made.  The court must approve the payments.