Residents of Toronto Condos File Class Action
Suits over Falling Glass
March 9, 2012
by Megan Headley, firstname.lastname@example.org
class actions lawsuits were filed on March 7 in the Ontario Superior
Court of Justice on behalf of the owners and renters of condominiums
located in Toronto's Murano Towers and Festival Tower over last
summer's spate of broken
glass balcony railings.
The law firms of Sutts, Strosberg LLP and Falconer Charney LLP
report that they were "contacted
by concerned residents" about the falling glass at the condominiums.
Fifteen glass balcony panels shattered at the condos named in the
suits between April and September 2011, ultimately causing the building
owners to replace all of the tempered balcony glass with a laminated
glass railing. The plaintiffs in both actions allege that the defendants
are responsible for the lost use of their balconies.
Both suits seek, among other things, "a declaration that the builders
were negligent in the design, installation and manufacturing of
the Glass Panelling and are liable in damages" and "a declaration
that the Falling Glass constituted a nuisance." The Murano
suit cites the "Builders" as Lanterra Developments Ltd., developer
and general contractor; the balcony railing manufacturer and installer,
Toro Aluminum Railings Inc.; and H&R Developments Inc., the developer
and contractor. Other defendants include Bay Grenville Properties
Ltd., the developer, and architectsAlliance, the project architect.
Tower suit cites the "Builder" as the Daniels Corp., the developer
and general contractor, as well as Toro Railings and Toro Glasswall
Inc., the manufacturers and installers of the balcony railings.
Other defendants include developers King and John Festival Corp.
and Toronto International Film Festival Developments Inc.; and architects
KPMB Design Inc., Kuwabara Payne McKenna Blumberg Architects and
Kirkor Atchitects and Planners.
Each action seeks general damages in the amount of $15 million,
special damages and administrative costs of $4 million and punitive
damages of $1 million, as well as interest and costs of the action.
"Our goal is to compensate the class members for the loss of use
of their outdoor living space and to motivate the builders to correct
the problem as soon as possible," commented Ted Charney, a partner
of Falconer Charney LLP, in a press release.
"Outdoor living space in downtown Toronto sells for a premium and
is an integral part of condo life. The developers promoted the sale
of these units by emphasizing the sizeable balconies and terraces,
but the class members have been unable to use their outdoor living
space for over a year with no end in sight," added Sharon Strosberg,
a partner of Sutts, Strosberg LLP, in the release.
Toro had not responded to USGNN.com's requests for comment
as of press time.
Look for the March 2012 USGlass for an update on the city
of Toronto's investigation of the breakages and efforts to prevent
similar such occurrences.
Stay tuned to USGNN.com for more on this story as it develops.
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