X Condos Class Action
Charney Lawyers and Sutts, Strosberg LLP have commenced a class action lawsuit on behalf of all owners and renters of residential condominium units at X Condos I, located at 110 Charles Street East in Toronto. The lawsuit seeks damages for loss of use and enjoyment, injuries, replacement costs, and loss of rental income due to the failure of the developers to install pressure-balanced valves in the bathroom fixtures of each unit.
The defendants are Great Gulf Homes Limited (“Great Gulf Homes”), Great Gulf (Jarvis-Charles) Ltd. (“Great Gulf (JC)”) and Jarvis-Charles G.P. Inc. (“Jarvis-Charles”). The class action is for breach of contract and negligence.
The allegations in the Statement of Claim include that in or around 2006, the developers, Great Gulf Homes, Great Gulf (JC) and Jarvis-Charles, began to promote and market the sale of units to the general public. The developers represented that the features of each condominium unit would include pressure-balanced valves installed in the shower and bathtub fixtures. In addition, the Agreement of Purchase and Sale provides in Schedule “A” that one of the features of each unit will be pressure-balanced valves in each bathtub and shower.
Since 2010, residents of X Condos have experienced and continue to experience unpredictable fluctuations in water temperature. On December 10, 2013, TARION Warranty Corporation released a Warranty Assessment Report which revealed that the problem relating to the water temperature fluctuations is the non-pressure balancing valves in the shower and bathtub fixtures which control the water temperature. As a result, the plaintiff and Class Members have suffered damages including injuries arising from temperature fluctuations, loss of use and enjoyment of their units until the valves are replaced and lost rental income.
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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.
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