Judge accepts $10M settlement of Algo Mall lawsuit

A class action lawsuit over the 2012 Elliot Lake mall collapse that killed two & injured more than 20 has been settled.

A class-action lawsuit filed more than a decade ago in the wake of the collapse of the Algo Mall in Elliot Lake is close to a resolution following a court hearing April 10.

The roof of the mall’s parking garage collapsed almost 14 years ago, killing two people and injuring more than 20. After a proposed $10 million settlement to the suit was announced last monthlong time, Ontario Superior Court Justice Benjamin Glustein has agreed to accept the terms and fees associated with the agreement.

The class action suit, originally for $30 million, was certified in 2014 and has been ongoing ever since.

Elliot Lake Mayor Andrew Wannan said the end of the suit was a long time coming. The community is funding $3.5 million of the $10 million settlement.

“The emotional part of it I can’t put into terms,” Wannan said.

“You know, it was very sad, but it also, you know, rallied our community.”

David O’Connor, from Roy O’Connor LLP, which represented the claimants, said that without the settlement, the suit would have dragged on for several more years with no guarantee of increasing the amount.

‘Fair and reasonable’

“It was a fair and reasonable outcome that I think is in the best interest of the class members,” O’Connor said.

“I mean, certain people may not think it’s perfect in the end, but, in terms of a reasonable amount of money and an efficient system, I think we’ve achieved that.”

Two separate cases have been previously resolved for the two people who were killed in the roof collapse.

The current suit involves around 200-300 people who have filed emotional, physical and economic claims. The lead plaintiffs in the case were Elaine and Jack Quinte, owners of Hungry Jack’s restaurant in the mall.

Glustein still has to finalize the amounts claimants will receive.

“The judge says that he will render a decision likely (this) week and that we wouldn’t finalize what the lawyers would call the court order,” O’Connor said.

“From that, we have to wait a period of time -- 30 days -- for a potential appeal.”

O’Connor said they will appoint an adjudicator to disperse the funds, a process he hopes will be completed by this fall.

“I think at the end of it, some people may think, well, OK, maybe it did take too long, but at least we got somewhere,” he said.

“So I hope people walk away thinking, maybe it was delayed, but we’re going to get some compensation out of this, in a very tragic circumstance.”

Once everything is finalized, all claims against the eight defendants in the suit will be dismissed.