Important Update as of January 24, 2024: The deadline for Class Members to submit their claims for compensation under the Settlement has now closed. Claim Forms are no longer being accepted. The Settlement Administrator will contact Class Members who submitted Claim Forms regarding the status of their claim in the coming weeks.

 

All Class Members, whether they submitted a claim or not, are bound by the Settlement and its release of rights to sue for losses relating to the IGUS.

 

A Settlement of $6,644,000 has been reached to resolve the class action concerning alleged fogging, shattering and cracking defects in the Shangri-La building’s insulated glass window units (IGUs).

 

The Settlement is subject to approval by the Supreme Court of British Columbia and other conditions of the Settlement being satisfied.

 

Are you a current or former owner in Strata Plan BCS 3165 or BCS 3206 in the Shangri-La building in Vancouver, British Columbia, who entered into, or took an assignment of, a pre-sale contract with the developer prior to the completion of construction? If so, you may be a Class Member and have the opportunity to share in the Settlement proceeds, if the Settlement is approved by the court and all conditions are satisfied.

 

For additional information, please refer to the Frequently Asked Questions notice available here.

Who is a Class Member affected by the Settlement?

 

You are a Class Member if you meet the following definition:

 

Current and former owners in Strata Plan BCS 3165 or BCS 3206 in the Shangri-La building in Vancouver, British Columbia, except the Developer Defendants and their senior officers and directors, who were either:

 

1. original purchasers of a pre-sale unit who entered into a contract of purchase and sale with a Developer Defendant prior to the completion of construction (a “Pre-Sale Contract”), or
   
   
2. purchasers who took an assignment of an original purchaser’s Pre-Sale Contract before the completion of construction and with the written consent of a Developer Defendant.

 

The Class, however, does not include those original purchasers who assigned their Pre-Sale Contract to a purchaser who is a Class Member under prong (B).

 

All persons who fall within this definition are Class Members unless they chose to exclude themselves from the class action by the June 29, 2022 deadline for opting out. If you are a Class Member, and did not opt out of the class action, you will be bound by the Settlement and have the opportunity to share in its proceeds, if the Settlement becomes final.

 

If the Settlement becomes final, how will the $6,644,000 proceeds be distributed?

 

If the Settlement becomes final, the compensation received by Class Members will be paid out of the funds remaining from the $6,644,000 Settlement after deducting the court-approved legal fees and disbursements (including taxes) of the lawyers for the Class, and the costs of administering and distributing the Settlement.

 

If the Settlement becomes final, how much compensation could Class Members receive?

 

If the Settlement becomes final, the cash payments will be tailored to Class Members based on the unit entitlement of the strata lot for which they entered into, or took an assignment of, a pre-sale contract. Estimates of the payments that Class Members could receive are available in the Schedule of Maximum Per Strata Lot Payments available here. The Maximum Per Strata Lot Payments are “up to” estimates of the maximum potential payments that Class Members might receive. Actual payments, up to and not exceeding the Maximum Per Strata Lot Payments, will be paid out proportionately based on the number of Class Members who participate in the Settlement.

 

Who are the lawyers representing Class Members?

 

Class Counsel is the law firm of McEwan Cooper Dennis LLP. Class Members can contact Class Counsel using the following contact information:

 

McEwan Cooper Dennis LLP

Attention: Shangri-La Windows Class Action

900-980 Howe Street

Vancouver, BC V6Z 0C8

Email: ShangriLaClassAction@mcewanpartners.com

Telephone: (604) 283-7856

 

What are the terms of the Settlement?

 

This website contains a summary of some of the terms of the Settlement. A full copy of the Settlement is available here. If there is a conflict between the information on this website and the Settlement, the terms of the Settlement will prevail.