Class Action

 

 

X Condos Class Action

Charney Lawyers and Sutts, Strosberg LLP have commenced a class action lawsuit on behalf of all owners and renters of residential condominium units at X Condos I, located at 110 Charles Street East in Toronto. The lawsuit seeks damages for loss of use and enjoyment, injuries, replacement costs, and loss of rental income due to the failure of the developers to install pressure-balanced valves in the bathroom fixtures of each unit.


The defendants are Great Gulf Homes Limited (“Great Gulf Homes”), Great Gulf (Jarvis-Charles) Ltd. (“Great Gulf (JC)”) and Jarvis-Charles G.P. Inc. (“Jarvis-Charles”).The class action is for breach of contract and negligence.


The allegations in the Statement of Claim include that in or around 2006, the developers, Great Gulf Homes, Great Gulf (JC) and Jarvis-Charles, began to promote and market the sale of units to the general public. The developers represented that the features of each condominium unit would include pressure-balanced valves installed in the shower and bathtub fixtures. In addition, the Agreement of Purchase and Sale provides in Schedule “A” that one of the features of each unit will be pressure-balanced valves in each bathtub and shower.


Since 2010, residents of X Condos have experienced and continue to experience unpredictable fluctuations in water temperature. On December 10, 2013, TARION Warranty Corporation released a Warranty Assessment Report which revealed that the problem relating to the water temperature fluctuations is the non-pressure balancing valves in the shower and bathtub fixtures which control the water temperature. As a result, the plaintiff and Class Members have suffered damages including injuries arising from temperature fluctuations, loss of use and enjoyment of their units until the valves are replaced and lost rental income.

Below are documents that are referred to in the lawsuit:

Schedule "A" of the Agreement of Purchase and Sale

Website Screenshot Showing Master Bathroom Features List

Website Screenshot Showing Second Bathroom Features List

TARION Warranty Assessment Report, dated December 13, 2013


       

 "The lawyer who is taking on Toronto's condo developers"  The Toronto Star, September 26, 2014

 

                            

                                 Toronto Life Magazine, July 2012 issue

 

"Faulty Towers." July 2012, Toronto Life Magazine

Toronto Life Magazine, July 2012 cover story features class action lawsuits commenced by the Charney Group.

 

"Faulty Towers: who's to blame for condoland's falling glass, leaky walls and multi-million dollar lawsuits."  July 24, 2012, Toronto Life Magazine

JUDICIAL ENDORSEMENTS

 

 

"I have no difficulty approving this settlement.  I find it fair and reasonable and very much in the best interests of the class members.  I note that class counsel had several meetings with class members and were able to satisfy themselves that the proposed settlement would cover most if not all of the losses sustained.  That is, to say the least, an excellent result.”

 

                   Kennedy et al. v. Toronto Hydro et al.

        (Ted Charney and Andrew Eckart were co-class counsel in the Class Action)

 

"As I said to counsel... the legal work that was done on this matter including all of the allocation of various compensation categories was excellent."

Charmley et al. v. Deltera Construction Ltd.

(Superior Court of Toronto, July 26, 2013)

(Ted Charney was co-counsel for the Plaintiffs in the Class Action)

 

"Charney... is unquestionably qualified to act as counsel.”

 

            Ison T Auto Sales v. Zurich Insurance

          Ontario Court of Appeal, November 25, 2011

(Ted Charney acted for Ison T Auto Sales, Operating As Toronto Honda)

 

 

“The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group.”

Whiting et al v. Menu Foods Income Fund [2007]

(The Charney Group of Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage)

 

 

“The Settlement Agreement in the case at bar has undergone the court's scrutiny, and it appears to me that in entering into the Settlement Agreement and in seeking certification on consent for settlement purposes, the plaintiffs and the defendants, with the assistance of their legal counsel, have provided the social good of access to justice and adequate compensation in accordance with Canadian law for perhaps thousands of citizens who may have been harmed by the Listeriosis outbreak and who decide not to opt-out of the settlement, which remains the individual choice of class members...”

Bilodeau v. Maple Leaf Foods Inc. [2009]

(The Charney Group of Lawyers represented Ms. Bilodeau for this class action)

 

“Although I am not formally required to approve it, I believe it is relevant that, when the risks and expenses of continuing the litigation are considered, the settlement appears to fall well within a zone of reasonableness.”

Yordanes v The Bank of Nova Scotia, [2006] 

(The Charney Group of Lawyers were counsel for Yordanes