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.


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”.


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.


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.








"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)


"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