Matrix Towers Class Action

As a result of the detached balcony railings at the Matrix Towers condominium complex, the Charney Lawyers and Sutts, Strosberg LLP have commenced a class action lawsuit on behalf of all owners, landlords, and tenants of units in the Matrix Towers located at 361 and 373 Front Street West in Toronto, Ontario,

 

On March 1, 2011, a balcony railing detached from the balcony platform in a unit at Matrix Towers.  All balconies were subsequently sealed off for inspection by an engineering firm hired by the Condominium Corporation who found that the balcony railings and anchors on several balconies showed signs of premature failure. 

The class action is against the developers, contractors and the architects for negligence and breach of contract.

The class action is also brought against Toronto Standard Condominium Corporation 1438 because the defective balcony railing system has not been repaired since March 1, 2011.  The defendants may consider this to be an unduly lengthy delay in mitigating damages.  The claim against the Condominium Corporation is restricted to the Condominium Corporation's insurance policy limits. Condominium owners will not be liable to pay damages, nor will they need to contribute additional funds to common expenses.

Class members are entitled to compensation for inconvenience, upset, and loss of use of their balcony. Interference with your use and enjoyment of your balcony or terrace constitutes a recognized legal claim in nuisance and negligence. In previous Canadian cases, judges have awarded damages in the range of $1,500-$3,000.00 per month for each occupant depending on the degree of interference with the use and occupation of the premises.

Landlords who have lost rent can recover damages for lost rent.

 

Owners who have sold their units at a discount or experienced delay in selling a unit, because of the lack of access to the balcony, can recover damages.

 

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


 

Participation

If you are a potential claimant and wish to support the Class Action and be included in our Class Action database, you may register by completing an on-line questionnaire:

Click here to complete the questionnaire.

 

There is no financial obligation to complete the questionnaire. Once you have done so, we will notify you of all important developments via email. See Class Action Fees.

Charney Lawyers is experienced in litigating class actions.

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

 

"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