Port of Newcastle Residents

THOMSON, ROGERS has issued a Class Action lawsuit on behalf of homeowners within the Port of Newcastle subdivision, in Newcastle, Ontario, who allege to have been mislead by the subdivision developers, lead by the Kaitlin Group Ltd.

The claim seeks millions of dollars in compensation from the developers relating to their alleged failure to abide by their promise to provide a golf course within the subdivision and to provide free lifetime access to an extensive clubhouse facility. The lawsuit claims that the homeowners are entitled to the profit/savings of the subdivision developers relating to these alleged misrepresentations.

Anyone owning property developed by the Kaitlin Group Ltd. within the Port of Newcastle subdivision prior to October 5, 2007 may qualify as class members within the class action.

See below under Related Documents to review a copy of the class action Statement of Claim that was filed on December 17, 2007.

 

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UPDATE: AUGUST 30, 2012

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On July 30, 2012, the Honourable Justice Perell of the Ontario Superior Court of Justice heard the Defendants Motion for summary judgment seeking to have this class action dismissed for being statute barred under the Limitations Act. Justice Perell dismissed the Motion on the basis that this issue could not be decided in common for all Class Members and on the basis that the issue was not a certified common issue in the class action.

Click here for Justice Perell's Reasons for Decision. 
 

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UPDATE: MAY, 2007
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Information Session for Port of Newcastle Residents
In an effort to answer any question relating to the Notice of Certification regarding the class action against the Kaitlin Group Ltd., Thomson, Rogers will be holding an information session on Thursday, May 21, 2009 at the Newcastle Community Hall located at 20 King Avenue West, Newcastle from 7:00 p.m. until 8:00 p.m.

 


 

On December 15, 2008 the Honourable Mr. Justice Perell of the Ontario Superior Court of Justice certified a class action in this matter. Click here to see the Official Certification Notice.

The class will be comprised of all those that purchased homes in the Port of Newcastle Subdivision from the Kaitlin Group Ltd. or 1138337 Ontario Inc. on or before October 5, 2007.

The common issues that have been certified relate to whether these Defendants made golf course and clubhouse misrepresentations (as set out in the Statement of Claim that has been filed) and whether those alleged misrepresentations caused damages to the class (and/or whether the class is entitled to the profits earned by these defendants as a result).

Notice will soon be provided to all class members in accordance with further directions to be provided by the Court.

Further information will be posted as it becomes available.

For more information

If you would like to learn about this class action, contact Darcy Merkur by email at dmerkur@thomsonrogers.com or call our toll free number 1-888-223-0448 (or 416-868-3176 if you are calling from within the Toronto area).

If you are or were a homeowner within the Port of Newcastle subdivision developed by the Kaitlin Group Ltd. and wish to be included in our Port of Newcastle Residents database, please fill out the form below.



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