Building and Development
Defective Building - Defence for National Homes (Dufferin Hills) Inc.
Colin Stevenson has successfully defended on behalf of our builder client, a class action commenced against a builder and a municipality for alleged deficiencies in a particular subdivision. The class action was ultimately discontinued by the plaintiffs who were forced to proceed to Small Claims Court or arbitration, at which point the matter settled.
In an unrelated matter the court has certified a claim against a condominium builder/vendor based on alleged negligent or fraudulent misrepresentations with respect to the floor area of the unit being purchased and whether the defendants owed fiduciary obligations or statutory duties to the condominium unit purchasers. The judge concluded that common issues of promises and misrepresentations were sufficient to warrant certification. See Vitelli v. Villa Giardino Homes Ltd., July 20, 2001 [2001], O.J. No. 2971, per Cumming J.
In Ward-Price v. Mariners Haven Inc., [2002] O.J. No. 4260, Nordheimer J. certified a claim based on unpaid interest on purchasers’ deposits in respect of condominium units. This case can usefully be read together with the judgment granted by Sharpe J. on February 13, 1996 for the plaintiffs in Windisman v. Toronto College Park Ltd. [1996] O.J. No. 2897.
Colin Stevenson has published an article on class actions and real estate. It may be found at 2002, 49 R.P.R. (3d) 296 or by clicking here.