1. Strosberg Sasso Sutts LLP and Charney Lawyers commenced a class action on behalf of all owners and renters of residential condominium units at Nautica, located at 33 and 37 Ellen Street in Barrie. 

2. The proposed class is: those persons, excluding the defendants and their senior officers and directors, who owned, rented and/or ordinarily resided in a condominium unit, or an apartment or other utilizable space, including the outdoor exclusive use common elements at the condominium project consisting of two towers located at 33 and 37 Ellen Street in Barrie, Ontario during the period commencing on February 1, 2013 until a date to be determined, but no earlier than July 22, 2016.

3. The plaintiffs allege that the defendants are responsible to them and the members of the class for the lost use of their balconies and for the diminished value of their units.

4. The defendants are Victoria Square Developments Inc. and Invar Building Corporation.  The class action is for breach of contract and negligence.

5. The statement of claim includes allegations that the defendants installed faulty glass paneling on the balconies of each unit.
6. On May 23, 2013, residents received a warning not to use their balconies and restriction devices were subsequently installed to prevent access.

7. During the summer of 2016, residents started receiving notices that their balconies were safe for access and the restriction devices were removed.

8. As a result of the lack of access to their balconies, the plaintiffs and Class Members have suffered damages including loss of use and enjoyment of their balconies, disruption of privacy, lost rental income and diminished resale value and delayed resale of their units.

9. To provide your information to us, please complete our on-line questionnaire.

10. If you wish to speak to someone for assistance, please call Strosberg Sasso Sutts LLP, toll free 1.800.229.5323, extension 294 or Charney Lawyers at 1.416.964.7950, extension 249.

11. If you would like to learn more about how a class action works, please click here.