On June 23, 2012, part of the upper parking structure of the Algo Centre Mall in Elliot Lake Ontario collapsed causing, as alleged in the Plaintiffs' claim, personal injury and property damage.

On July 6, 2012, Roy O'Connor LLP launched a class action lawsuit on behalf of the Representative Plaintiffs. The lawsuit claims compensatory damages from a number of defendants including the Mall's current and former owners, construction and engineering professionals and levels of government. The Plaintiffs allege that the Defendants are responsible for the Collapse and should be required to compensate the Class Members for their losses.

Update – April 15, 2026 – $10,000,000 Settlement Approved

In Reasons for Decision released on April 14, 2026, the Ontario Superior Court of Justice approved the settlement in this action. A court-approved Notice of Settlement Approval will be published in the near future.

Update – March 2, 2026 – Proposed Settlement & Settlement Approval Hearing

Subject to Court approval at a hearing to take place on April 10, 2026, the Parties have agreed to settle this class action for an all-inclusive amount of $10 million. The Court will approve the settlement if the Court finds that, in all of the circumstances, it is fair, reasonable and in the best interests of the Class as a whole. The Plaintiffs and Class Counsel recommend the $10 million settlement as a reasonable compromise at this time based on the potential damages identified by Class Members over many years of litigation.

If the $10 million settlement is not approved by the Court, the Parties will return to litigating the case for what is likely to be years. The outcome of continuing to fight this case is unknown and there is no guarantee that any potential damages recovered would total in excess of $10 million.

If the $10 million settlement is approved, the Court will then consider a plan to distribute to the Class Members the net settlement funds available (after the deduction of fees, expenses and taxes from the $10 million). The Plaintiffs and Class Counsel have proposed a distribution plan (the "Distribution Plan") that is based on a third party adjudicator valuing each Class Member's claim for damages (with the possibility of an appeal of that valuation), with the net settlement funds then being paid out based on the proportion of each claim compared to the total value of all claims (the "Proportionate Payment"). The Court can approve or not approve that Distribution Plan at the April 10th hearing. If it is not approved and if modifications to the Plan are not accepted at the hearing itself, another distribution plan will need to be designed and put before the Court to determine if it is fair, reasonable and in the best interests of the Class.

Background

The class action has not gone to trial. The Court has not made any rulings on the liability of the Defendants.

More Information

For more information about this action please contact Jack Stebbing at:

Email: mallinfo@royoconnor.ca

Tel: 1-888-330-8815