Matrix Towers Class Action
November 23, 2023
Class Action Set Down for Trial
This class action is now ready to proceed to trial. The certification form was filed on July 28, 2023 to set this matter down for trial. The parties continue to wait for the trial coordinator to schedule the trial.
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.
UPDATE: This Action Has Been Certified
In an Order dated August 12, 2015, Justice Perell certified the Matrix Class Action. You may review the reasons for Justice Perell’s decision here.
"Faulty Towers: who's to blame for condoland's falling glass, leaky walls and multi-million dollar lawsuits." July 24, 2012, Toronto Life Magazine
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 a 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.