X CONDOS I
1. Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP) and Charney Lawyers commenced a class action 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 defendants to install pressure-balanced valves in the bathroom fixtures in each unit.
2. 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.
3. The statement of claim includes allegations that the defendants represented that the features of each condominium unit would include pressure-balanced valves installed in the shower and bathtub fixtures.
4. Since 2010, residents of X Condos I have experienced unpredictable fluctuations in water temperature in the shower and bathtub. The problem with the water fluctuations continues to the present.
5. 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.
6. As a result of the ongoing water temperature fluctuations, the plaintiff and Class Members have suffered damages including lost rental income, injuries arising from temperature fluctuations and the inconvenience of showering and bathing under these unpredictable conditions.
7. The following schedule has been set leading up to the hearing of the certification motion in Toronto:
• Plaintiffs served motion record on February 28, 2020.
• Defendants to serve responding motion record by August 28, 2020.
• Plaintiffs to serve reply motion record by September 30, 2020.
• Cross-examinations to be completed by November 13, 2020.
• Plaintiffs to serve moving factum by December 18, 2020.
• Defendants to serve responding factum by January 29, 2021.
• Plaintiffs to serve reply factum, if any, by February 19, 2021.
• Certification motion (1 day) returnable on March 24, 2021.
8. To provide your information to us, please complete our on-line questionnaire.
9. If you wish to speak to someone for assistance, please call Strosberg Sasso Sutts LLP, toll free 1.800.229.5323, extension 296 or Charney Lawyers at 1.416.964.7950, extension 246.
10.If you would like to learn more about how a class action works, please click here.
This website provides general information to potential class members on a class action commenced against X Condos. The court will ultimately decide who will be included as a class member.