Sunrise Propane Explosion

Settlement in Sunrise Propane

'July 2, 2014

We are pleased to report that the Sunrise Class Action has settled. The settlement must be approved by the Court. The hearing to approve the settlement is scheduled for August 7, 2014. If the settlement is approved, there will be a claims procedure for you to make your claim.

Click to view a copy of the Notice of the Settlement Hearing. The Italian newspaper, Corriere Canadese, published a notice for the Italian speaking community.

There are three town hall meetings that have been scheduled. Details of the meetings are included in the notice above. Class counsel will be in attendance to answer all your questions.

If you would like us to represent you in making your claim please contact Bogoroch and associates LLP, as soon as possible. Bogoroch and associates LLP is a leading Personal Injury firm and Richard Bogoroch is a well recognized expert in this field. You can contact Bogoroch & Associates at:

(416) 599‑1700

http://www.bogoroch.com/
150 King Street West, Suite 1707
Toronto M5H 1J9

Meanwhile, if you have any questions please call Harvin Pitch ( 416) 865-5310 or Sonia Pillitteri (416) 365-9320. If you haven't yet registered with us you should do so immediately as it will make it easier to keep you updated about the settlement and ultimately obtain compensation for you. Please contact Sonia Pillitteri to register.

Unsuccessful Mediation

'June 25, 2013

We held a mediation on December 5, 2012 which was unsuccessful. We are now moving the action along for trial. The next step is examinations for discovery. However, for those to take place we need to finalize the lawsuit with the landlord. The judge who certified the action dismissed some of our claims against the landlord and granted others. The landlord (and us) have sought to appeal the ruling. To do that we need permission of the court.

In April 2013 the motions to grant permission to appeal (you need leave of the court to appeal these issues) were heard and the judge has not ruled. Once he rules, we will move the action forward. If appeals are allowed they will be argued. If no appeals are allowed we will proceed to examinations for discovery. We intend to vigorously pursue the litigation and expect to get a settlement which is reasonable, ultimately.

Sunrise Propane-Common Issues Trial Preparation

'February 28, 2013

A mediation in this matter was held on December 5, 2012 and although we were not successful at mediation, we are now continuing to prepare for the Common Issues Trial. We remind you that if you haven't registered you should register as soon as possible so that your interest can be advanced at trial. If you need any assistance with your registration, please do not hesitate to contact Sonia Pillitteri @ (416)365-9320, Ext. 131.

Sunrise Propane-Settlement Mediation on Dec 5, 2012

October 9, 2012

On December 5, 2012 a mediation will be held with all of the defendants in an effort to see if the case can be settled. Every effort will be made to effect a settlement. We remind you that if you haven't registered you should register as soon as possible so that your interest can be advanced at the mediation.

Sunrise Propane Class Action Certification

'September 7, 2012

On July 23, 2012, Justice Horkins certified the Sunrise Propane action as a class action. Justice Horkins' decision can be viewed here.

The order requires notice of the certification to be provided to potential class members. Please click here to view the notice that contains important information about your rights as a potential class member. Further updates will be provided on this website as they become available.

Register Your Claim Immediately

'December 3, 2010

As part of a collaborative effort between the six law firms, a comprehensive statement of claim has been served and filed.

The statement of claim does not include the City of Toronto as a defendant. We did not add the City of Toronto as a defendant to the action because we believed that there were no grounds in law to add them as a party at this time. Prior to the issuing of the comprehensive claim, the collaborating law firms had issued individual actions naming the City of Toronto. On February 8, 2010, at our request, the Court discontinued those actions. The class members wishing to sue the City of Toronto themselves, must do so within two years of February 8, 2010, that is, February 8, 2012, or their action cannot proceed. Our firm does not intend at this time to sue the City of Toronto.

We have decided that there is sufficient evidence against the Technical Standards and Safety Authority (TSSA) and we have obtained a court order to add TSSA as a defendant.

On November 9, 2009, we obtained a court order from Mr. Justice Cullity, who is case-managing the class action, whereby he directed that the certification motion proceed ahead of any other motions.

In August of 2010 the Fire Marshall issued a report stating that the cause of the explosions was a propane leak which in turn was caused by a failure in the hose that was transferring propane from one truck to another, or in the pump bypass components. In light of this, we have decided to add the manufacturers of these products and other related parties to the claim.

The certification motion had been scheduled to be argued during the week of October 25, 2011. In an effort to promote settlement and ensure the registration of as many people as possible on our website, subject to court approval, counsel agreed to a certification order which would allow the case to proceed to trial. This agreement was, however, subject to a condition that anyone effected by the explosions who wanted to claim damages must register their claim within six months from the date of the order, failing which they would be barred from making a claim. In this way, at the end of the six month period the defendants would know exactly how much was being claimed and would be able to make a concrete settlement proposal.

The judge heard this proposal on October 27, 2011 and requested additional submissions which were filed November 18, 2011. On December 16, 2011 the judge declined to approve the order. Her reasons can be read by clicking here. The judge was concerned that the proposal would eliminate persons who did not make a claim within the six months. (We had argued that four years had passed since the explosions and that was enough time enough for people to come forward).

The result is that the conditional agreement will not proceed. Instead the certification motion will be argued on May14-18, 2012. While we are disappointed that the judge did not approve what we believed was a creative proposal to speed up the case, we are confident that certification will be awarded in May 2012 .

Meanwhile, we urge those class members who have not registered to do so immediately. Please email Sonia Pillitteri or call (416) 365‑9320 ext. 131 for assistance.