Class Action


Festival Tower Class Action



                                             Toronto Life Magazine, July 2012 issue


"Faulty Towers." July 2012, Toronto Life Magazine

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

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


As a result of incidents of falling glass, Charney Lawyers and Sutts, Strosberg LLP have commenced a class action lawsuit on behalf of all owners, landlords, and tenants of units located in the Festival Tower condominium complex located at 80 John Street in Toronto, Ontario.


Click here for Press Release

This action has been certified by the court to proceed as a class action.

Click here for the Certification Notice

On August 3, 2011 a large glass panel fell from a balcony on the 27th floor, shattering on the street below. A similar incident occurred in May 2011 when a glass panel fell from the 16th floor.

The City of Toronto has ordered that the balconies be closed until the glass is replaced.

The King and John Festival Corp. released a notice on August 27, 2011 that it had decided to install a black net mesh system until they could replace the glass panels.

The residents were unable to access their balconies until November 2011. The balconies continue to be  wrapped in a black net mesh system.

Class members are entitled to compensation for inconvenience, upset, and loss of use of their property. 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 $5,000.00-$10,000.00 depending on the number of months of interference and the size and type of space involved.

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.



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:

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

Please 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. 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.




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




New guidelines for glass balconies not enough, says MPP Rosario Marchese. June 21, 2012


Ontario hopes new rules stop glass from falling off highrise. June 21, 2012


Toronto’s falling condo glass prompts new Ontario rules. June 21, 2012

Two Downtown Condos Face Class-Action Law Suits Over Falling Balcony Glass. March 8, 2012

Toronto condo owners launch class action suit over falling glass. March 8, 2012

Falling glass lawsuits filed. March 8, 2012

Falling glass results in class-action lawsuit. March 8, 2012

Tenants launch class action suit over falling glass. March 8, 2012

Condo owners launch class-action lawsuits following falling glass incidents. March 8, 2012

IN DEPTH: Shattered glass What causes panes to fall off buildings. August 4, 2011

Glass crashes to ground from 2nd Toronto condo. August 3, 2011

More glass falls from balconies. August 3, 2011


"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