Class Actions
PARK ‘N FLY CLASS ACTION
SETTLEMENT UPDATE
This matter was settled pursuant to the Minutes
of Settlement executed by the parties on November 8, 2005.
The action was discontinued by the Plaintiffs on November 25, 2005
pursuant to leave granted by Madam Justice E. MacDonald, of the
Superior Court of Justice, on November 10, 2005.
CASE SUMMARY
- A class action lawsuit has been commenced against PNF Holdings
Limited which operates the Park ‘N Fly valet parking lots
at Pearson International Airport. The class action claims damages
arising from a breakdown in provision of its valet parking services
from its Airport Road, Mississauga location during the busy post-Christmas
period during the week of December 26, 2004. Many Park’N
Fly customers’ vehicles could not be located, resulting
in lengthy delays, which in some cases were in excess of 24 hours,
before the vehicles could be located and returned.
- A Notice of Action was issued on December 31, 2004 in the Ontario
Superior Court of Justice in Toronto. The Statement of Claim (please
see link below) was filed on February 21, 2005. It alleges that
Park’N Fly was the bailee of the class members’ vehicles,
and was obliged to store the vehicles in a secure and identifiable
location, and return the vehicles to the class members forthwith
upon demand. On its web page, Park’N Fly advertises that
“Upon your return, your car will be ready and waiting for
you at the front door”. The claim alleges that Park’N
Fly breached this fundamental term of its agreement, and was negligent
in the provision of its services to its customers, resulting in
losses to the class.
- Two Park’N Fly customers, Douglas Kincaid and Jordan Solway,
bring this action on behalf of all persons who used the defendant’s
valet service at its Toronto/Mississauga location, and required
the defendant to deliver their vehicle to them between December
26 and 29, 2004. An application will be made to the Ontario Superior
Court of Justice to certify the action as a class action.
For further information contact:Margaret Waddell, Paliare Roland
Rosenberg Rothstein LLP, 250 University Avenue, Suite 501, Toronto
ON, M5H 3E5, e-mail: marg.waddell@paliareroland.com.
For more details:
Statement
of Claim
