Class Action

 

Emerald City Class Action

Charney Lawyers and Sutts, Strosberg LLP have commenced a class action lawsuit on behalf of all owners of residential condominium units at Emerald Tower, Phase I, located at 70 Forest Manor Road in Toronto. The lawsuit seeks an abatement of the purchase price due to the lack of direct access to Fairview Mall and to the Don Mills subway station.

 

Click here for a copy of the Press Release

The defendants are ELAD Canada Inc. (“ELAD”) and Emerald City Developments I Inc. (“ECD”). The class action is for breach of contract and negligent misrepresentation.

The action is brought on behalf of the following Class:

those persons, excluding the defendants and their senior officers and directors, who purchased a residential condominium unit at the premises municipally known as Emerald City, Phase I, located at 70 Forest Manor Road, in the City of Toronto from ECD.

 

In or around 2008, the developers, ELAD Canada Inc. and ECD, began to promote and market the sale of units to the general public. The developers represented that the features of the condominium would include direct underground access to the Don Mills subway station and an underground connection to Fairview Mall. In addition, the Agreement of Purchase and Sale provides in Schedule “B” that one of the features of the building will be, a “lower lobby with direct access to the subway station.”

Once the building was constructed and purchasers took interim occupancy, it became clear that there is no direct underground access to the subway or to the Fairview Mall.   As a result, the plaintiff and the Class Members must exit through the front lobby of the condominium and across 6 metres of City property in order to reach the subway and the mall.   The underground connection to the Fairview Mall is through the subway leading underneath Sheppard to the parking areas at Fairview Mall, for access to which purchasers must pay $3.00 in fare each way.

The plaintiff alleges that the defendants are responsible to her and to the Class Members for an abatement (reduction) of the purchase price, for the diminished value of their units and for the inconvenience associated with the lack of direct access to the subway and the mall.

IMPORTANT NOTE:

Class counsel recommend that every purchaser consult with their real estate lawyer before closing the purchase of their unit. Class members should seek an abatement of the purchase price before closing and should make it clear to the developers that they are closing “under protest”.

Participation

If you are a potential claimant and wish to support the Class Action and be included in our Class Action database, you may complete a questionnaire by one of the following methods:

  • Online; or
  • Fill-in form; or
  • Download a copy and provide the complete questionnaire to us by email or by toll free fax at 1-866-315-3508.

To provide your information to us, complete a questionnaire by one of the following methods:

  • On-line; or
  • Download a copy and provide the completed questionnaire to us by email or by toll free fax at 1.866.316.5308.

There is no financial obligation to complete the questionnaire. Once you have done so, we will notify you of all important developments via email. If you are interested in starting a new class action, then please contact us for a free consultation. We work closely with representative plaintiffs who hire us to start a class action. There is no fee unless we recover. See Class Action Fees.

IMPORTANT NOTE:

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Charney Lawyers. The court will ultimately decide who will be included as a class member.

This website will be updated from time to time to provide potential class members with information as it becomes available.

 

 

Judicial Endorsements

 

“I find that the plaintiff’s counsel presented a well prepared, organized and efficient case… The medical issues were complex. It involved evidence of psychiatrists, physiatrists, orthopaedic surgeons, occupational therapists, future care specialists, vocational alternatives, forensic accounting and quantification of damages. The jury had to be presented with present valuations of past and future loss of income and projections of future care costs."

 

-Giordano v. Li [Ontario Superior Court of Justice, 2015]

Ted Charney represented the plaintiff in this three week personal injury jury trial securing a $900,000 verdict for chronic pain syndrome.


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

 

-Ison T Auto Sales v. Zurich Insurance [Ontario Court of Appeal, 2011]

Ted Charney acted for Ison T Auto Sales i.e. Toronto Honda on the appeal.


"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 [Ontario Superior Court of Justice, 2007]

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


"Mr. Charney conducted the Applicant's case in an exemplary and efficient manner, which was to the benefit of all concerned, his clients, the insurer and myself alike."

 

-Amoa-Williams v. Allstate Insurance Co. of Canada [Financial Services Commission of Ontario, 2001]

Ted Charney acted for the insured.


 

 

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