Port of Newcastle Residents FAQs
Haddad v. The Kaitlin Group Ltd. et al
What is this action about?
This action was brought on behalf of purchasers of homes from the Kaitlin Group (“Kaitlin”) and/or 1138337 Ontario Inc. within the residential community known as the Port of Newcastle (the “Subdivision”). Condominium owners are not in the class.
This claim seeks millions of dollars in compensation from the Subdivision’s 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 a clubhouse facility as structured in the community.
When was this proceeding initiated?
This claim was issued on December 17th, 2007. A copy of the Claim is on our website.
Has This Class Action Been Certified?
Yes. This class action was certified by Justice Perrell of the Ontario Superior Court of Justice on December 10th, 2008. A copy of the Order is on our website.
Who is Eligible for this class?
This class has been defined by the certification order of Justice Perell as:
“All persons purchasing freehold homes directly from the Defendants, the Kaitlin Group Ltd. and/or 1138337 Ontario Inc., within a residential community known as the Port of Newcastle, located in Newcastle, in the Municipality of Clarington, in the Region of Durham, Ontario (the “Subdivision”) on or before October 5, 2007, excluding, for clarity, condominium purchasers within the Subdivision and purchasers of homes and/or properties on adjacent land developed by Kylemore Homes Ltd. and/or Kylemore Communities (West Village) Ltd. and/or Kylemore By the Lake Ltd. and/or another related company operating under the name of Kylemore Communities.”
Who is the representative plaintiff?
This action was commenced by the representative plaintiff Jean-Marc Haddad who initially purchased a home in the Subdivision, on or about May 31st, 2001. Bob Phippard has also been added as a representative Plaintiff.
Who are the Defendants?
The Defendants are Kaitlin and 1138337 Ontario Inc.
What are the allegations?
It is alleged that class members all relied on marketing materials and representation by the Defendants that a nine hole executive golf course and large clubhouse with free lifetime membership were to be built in the Subdivision. It is alleged that the marketing information was inaccurate, incomplete, false, deceptive and/or misleading.
If I fit the class definition am I a class member?
Yes, unless you opted out of the class action you will be bound by the terms of any judgement or settlement in the class action which, of course, must be approved by the Court. The opt-out date for this class action was May 29, 2009. If you did not opt-out by that date, you will be entitled to share in the amount of any award or settlement recovered in this class action.
Who will pay my legal costs?
Thomson Rogers has entered into an agreement with the representative plaintiff with respect to legal fees and disbursements. The agreement provides that counsel will not receive payment for their work, unless the class action is successful or costs are received from the defendants. The agreement, which must be approved by the court to be effective, provides for a contingency fee of 20% of the amount recovered in the class action, in addition to any contribution by the defendants towards the plaintiff’s legal costs and disbursements.